Utah Supreme Court

State of Utah, Plaintiff and Respondent v. John Wilson Petree, Defendant and Appellant

February 4, 19831983 Utah LEXIS 959

Summary

The court reversed Petree’s second-degree murder conviction because the evidence established that Phyllis Ady had died through criminal agency but did not prove beyond a reasonable doubt that Petree caused her death or acted intentionally or knowingly. The court held that the jury’s verdict could not be sustained by speculative inferences from Petree’s last-seen status, departure to Las Vegas, and ambiguous statements concerning dreams and a fight. Hall, Chief Justice, dissenting, would have affirmed because the evidence and reasonable inferences, viewed most favorably to the verdict, supported both identity and criminal intent.