State v. Gleason

Utah Supreme Court

State v. Gleason

405 P.2d 793, 17 Utah 2d 150, 1965 Utah LEXIS 471

CourtUtah Supreme Court

DecidedSeptember 23, 1965

Docket10289

StatusPublished

Cited by11 cases

This text of 405 P.2d 793 (State v. Gleason) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Gleason, 405 P.2d 793, 17 Utah 2d 150, 1965 Utah LEXIS 471 (Utah 1965).

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Opinions

HENRIOD, Chief Justice.

Appeal from a rape conviction. Affirmed.

The record is uncontroverted that the defendant had relations with the complaining witness after she had been waiting for a bus late at night, and was forced by defendant into an alley, all of which was •evidenced by the girl’s violent resistance, •overcome by choking, beating, bruises, abrasions and torn clothing of the girl, 17, which pieces of clothing and articles from her purse were scattered all over the place and all of which was tied down by recovery of defendant’s clothing substantiating the facts recited above, and by his unquestionable identification.

Defendant, who did not take the stand, •defends on the grounds 1) that he was crazy at the time, and that 2) the trial court •erred in refusing to instruct the jury as to “assault with intent to commit rape,” as an included offense.

As to 1) : The defendant and his counsel presented no evidence whatsoever to the effect that he was insane at the time of the occurrence, which is the test, and which it was his burden to prove. His contention that two psychiatrists, two months later, on examination, categorized him as being a schizophrenic-paranoic at the time pf the examination, does not prove anything as to his mentality two months before. He was released as being sane at the time of trial. His claim that there should have been an instruction as to “assault with intent to commit rape,” is somewhat inconsistent with his urgence that he was crazy at the time.

As to 2) : The evidence was so overwhelming • that he committed the act, that no such instruction was either necessary or appropriate. Furthermore, request for such an instruction was belated. It came after the case was finished and ready to go to the jury. The defendant shortly before had asked for instructions only as to “assault” and “battery” as included offenses (which we believe may have been unnecessary, but which were given). The eleventh hour request reflected here should be canvassed in an atmosphere of invited error, which procedurally is unjustified and not viewed by this court with favor or as a legitimate application of the rules, where ample opportunity had been afforded to avoid such a conclusion.

[152]*152McDonough, wade, and callis-TER, JJ., concur.

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HENRIOD, Chief Justice.

Appeal from a rape conviction. Affirmed.

The record is uncontroverted that the defendant had relations with the complaining witness after she had been waiting for a bus late at night, and was forced by defendant into an alley, all of which was •evidenced by the girl’s violent resistance, •overcome by choking, beating, bruises, abrasions and torn clothing of the girl, 17, which pieces of clothing and articles from her purse were scattered all over the place and all of which was tied down by recovery of defendant’s clothing substantiating the facts recited above, and by his unquestionable identification.

Defendant, who did not take the stand, •defends on the grounds 1) that he was crazy at the time, and that 2) the trial court •erred in refusing to instruct the jury as to “assault with intent to commit rape,” as an included offense.

As to 1) : The defendant and his counsel presented no evidence whatsoever to the effect that he was insane at the time of the occurrence, which is the test, and which it was his burden to prove. His contention that two psychiatrists, two months later, on examination, categorized him as being a schizophrenic-paranoic at the time pf the examination, does not prove anything as to his mentality two months before. He was released as being sane at the time of trial. His claim that there should have been an instruction as to “assault with intent to commit rape,” is somewhat inconsistent with his urgence that he was crazy at the time.

As to 2) : The evidence was so overwhelming • that he committed the act, that no such instruction was either necessary or appropriate. Furthermore, request for such an instruction was belated. It came after the case was finished and ready to go to the jury. The defendant shortly before had asked for instructions only as to “assault” and “battery” as included offenses (which we believe may have been unnecessary, but which were given). The eleventh hour request reflected here should be canvassed in an atmosphere of invited error, which procedurally is unjustified and not viewed by this court with favor or as a legitimate application of the rules, where ample opportunity had been afforded to avoid such a conclusion.

[152]*152McDonough, wade, and callis-TER, JJ., concur.

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405 P.2d 793, 17 Utah 2d 150, 1965 Utah LEXIS 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gleason-utah-1965.

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