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State Utah v. Gary L. Taylor

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eBook details

  • Title: State Utah v. Gary L. Taylor
  • Author : Supreme Court Of Utah
  • Release Date : January 06, 1977
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

HALL, Justice: Appeal from a conviction of theft of a firearm. The gun in question was stolen from its owner on December 5, 1975, and charges were brought against the defendant in December, 1976, alleging he exercised unauthorized control thereof with intent to deprive the owner of it. 1 At trial, no evidence was offered to implicate the defendant with the actual theft, the prosecution relying solely upon defendant's attempt to pawn the gun on April 24, 1976, as proof of the offense charged, 2 and the trial court denied defendant's motion to dismiss for failure to prove the elements of the offense charged. After all of the evidence was in, the court instructed the jury that they might convict defendant of the crime of theft as charged if they found all of the elements of theft by receiving as set forth in U.C.A., 1953, 76-6-408, note 2 above, and refused to give defendant's proposed jury instruction which read as follows:


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