State v. Washington

Utah Supreme Court

State v. Washington

368 P.2d 709, 13 Utah 2d 92, 1962 Utah LEXIS 152

CourtUtah Supreme Court

DecidedFebruary 19, 1962

DocketNo. 9533

StatusPublished

This text of 368 P.2d 709 (State v. Washington) 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. Washington, 368 P.2d 709, 13 Utah 2d 92, 1962 Utah LEXIS 152 (Utah 1962).

Pincite

Opinion

HENRIOD, Justice.

Appeal from a burglary conviction. Only point urged on appeal was insufficiency of evidence to support the verdict. Affirmed. [93]*93Evidence was adduced that an appliance company owner locked his store after dark, about 8:00 p. m., and left. At 9:30 a special officer noticed a broken window and saw defendant alongside the wall nearby, holding a phonograph left in the building and belonging to the dealer. The officer also saw a brown cotton glove near where defendant had been standing. Sawdust similar to that on a table near the window inside the building, was found on the glove. A similar glove was found in defendant’s pocket after the arrest. Defendant said that two other people had agreed to give him the phonograph if he would stand watch while they went for a hacksaw to remove a lock on the door, so as to get other personal property in the building. He said he agreed to do all this to satisfy the request of a Salt Lake City police officer in aid of apprehending offenders, on the occasion of defendant’s questioning when he had been picked up previously on suspicion of burglary. The officer categorically denied all this.

It would serve no useful purpose to cite authorities here, since, on the facts, the jury well could have found beyond a reasonable doubt, and did so find, that defendant was guilty.

WADE, C. J., and McDONOUGH,' CALLISTER and CROCKETT, JJ., concur.

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HENRIOD, Justice.

Appeal from a burglary conviction. Only point urged on appeal was insufficiency of evidence to support the verdict. Affirmed. [93]*93Evidence was adduced that an appliance company owner locked his store after dark, about 8:00 p. m., and left. At 9:30 a special officer noticed a broken window and saw defendant alongside the wall nearby, holding a phonograph left in the building and belonging to the dealer. The officer also saw a brown cotton glove near where defendant had been standing. Sawdust similar to that on a table near the window inside the building, was found on the glove. A similar glove was found in defendant’s pocket after the arrest. Defendant said that two other people had agreed to give him the phonograph if he would stand watch while they went for a hacksaw to remove a lock on the door, so as to get other personal property in the building. He said he agreed to do all this to satisfy the request of a Salt Lake City police officer in aid of apprehending offenders, on the occasion of defendant’s questioning when he had been picked up previously on suspicion of burglary. The officer categorically denied all this.

It would serve no useful purpose to cite authorities here, since, on the facts, the jury well could have found beyond a reasonable doubt, and did so find, that defendant was guilty.

WADE, C. J., and McDONOUGH,' CALLISTER and CROCKETT, JJ., concur.

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Bluebook (online)

368 P.2d 709, 13 Utah 2d 92, 1962 Utah LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-washington-utah-1962.