## Facts

- Roy Lee Poe was tried in Washington County, Utah, for the first-degree murder of Kenneth Hall in St. George, a small community where the victim was well known.
- A jury found Poe guilty of first-degree murder and did not recommend life imprisonment; the trial court imposed the death penalty.
- On appeal, Poe did not contest the sufficiency of the evidence; he challenged alleged trial errors and their cumulative effect.
- During deliberations, the county sheriff—who had testified for the prosecution about routine aspects of the crime-scene investigation—was placed in charge of the jury.
- The prosecution introduced a color autopsy photograph showing the interior of the victim’s skull after removal of the brain, with metal probes inserted to depict bullet paths; the photograph illustrated that the victim was shot while lying in bed, a fact also established by uncontradicted testimony.

## Issues

1. Whether it was prejudicial error to place the sheriff, a prosecution witness, in charge of the jury during deliberations.
2. Whether community sentiment and relationships between jurors and participants in a small town denied Poe an impartial jury and a fair trial.
3. Whether admitting a gruesome autopsy photograph was reversible error where the depicted point was otherwise established and the risk of unfair prejudice was high.
4. Whether the cumulative effect of alleged errors denied due process and a fair trial.

## Decision

- The Supreme Court of Utah affirmed the conviction and death sentence.
- The court held that use of the sheriff as jury bailiff was not prejudicial under the circumstances, emphasizing the sheriff’s limited role as a witness and the absence of contact with jurors.
- The court rejected claims of disqualifying community prejudice and juror relationships based on the voir dire record and the absence of demonstrated bias.
- The court concluded the challenged autopsy photograph’s admission was within the trial court’s discretion and did not warrant reversal on this record.
- The court rejected the cumulative-error argument because the asserted errors were not shown to be prejudicial in combination or individually.

## Legal Principles

- A law-enforcement witness is not automatically disqualified from supervising a deliberating jury; reversible error generally requires a showing of improper influence or substantial, ongoing association with jurors, especially where the witness is central to the prosecution.
- Claims of community prejudice and juror relationships require a record showing actual bias or an inability to decide the case impartially; mere familiarity in a small community is insufficient.
- Admission of gruesome photographs is primarily committed to the trial court’s discretion; such evidence may be admitted if it has probative value (e.g., illustrating medical testimony or the mechanics of the crime) that is not outweighed by unfair prejudice.
- Cumulative error warrants relief only when multiple nonreversible errors combine to deprive the defendant of a fair trial.

## Conclusion

The Utah Supreme Court upheld Poe’s first-degree murder conviction and death sentence, finding no prejudicial error in the sheriff’s supervision of jury deliberations, no showing of disqualifying community or juror bias, and no reversible abuse of discretion in admitting a graphic autopsy photograph; the claimed errors also did not cumulatively deny a fair trial.


State v. Poe, 441 P.2d 512 (Utah 1968)