STATE v. SMITH

No. 8158.

2 Utah 2d 358 (1954)

274 P.2d 246

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. DICK SMITH, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

September 28, 1954.


Attorney(s) appearing for the Case

Dobbs & Dobbs, Ogden, for appellant.

Roland L. Anderson, Dist. Atty., Ogden, E.R. Callister, Jr., Atty. Gen., for respondent.


HENRIOD, Justice.

Defendant urges that the evidence, as a matter of law, failed to establish guilt, and we agree. The only evidence other than the testimony of the prosecutrix was a sister's statement that defendant jokingly had remarked that she could make more money doing something else than being a waitress, and that the prosecutrix was seen to give defendant some money on one occasion, testimony of another woman that she had given accused some money, and testimony...

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