Whether or not a former Box Elder County constable gets a new trial for attempted murder of her former husband will be decided in 1st District Court June 20.

Peggy Braegger Johnson was convicted in September 1988 of attempted murder and sentenced to five years to life in Utah State Prison.She was convicted of trying to kill her husband, Danny Johnson. Evidence presented during jury trial indicated that Mrs. Johnson tried to kill her husband by giving him an overdose of heroin, oxalic acid, and that she had bought "crank," a methamphetamine, from an informant and a state undercover officer to use to kill her husband.

Defense attorney Ron Yengich told 1st District Judge F.L. Gunnell during a status hearing Tuesday that there were several issues regarding sufficiency of evidence to convict Johnson.

According to Utah law, Yengich said, a substantial step toward harm must be taken for a conviction of attempted murder. Just saying that you want someone dead isn't enough.

He said there was no evidence substantiating Johnson's alleged attempts to kill her husband.