Utah Supreme Court September 22, 1972, No. 12651 (State v. Kirby)

HENRIOD, Justice:

Appeal from a conviction when a convict killed a guard in violation of Title 76-7-12, Utah Code Annotated 1953, as amended (Laws of Utah 1957, ch. 162, sec. 1, Vol. 8, 1971 Pocket Supp., p. 48), where Kirby not only was convicted under that legislation but also under Title 76-30, U.C.A.