STATE v. JOHNSON

No. 8548.

6 Utah 2d 29 (1956)

305 P.2d 488

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. EUGENE JOHNSON AND CHARLES BROOKS, DEFENDANTS AND APPELLANT.

Supreme Court of Utah.

December 29, 1956.


Attorney(s) appearing for the Case

La Var E. Stark, Ogden, for appellant.

E.R. Callister, Jr., Atty. Gen., Maurice D. Jones, Asst. Atty. Gen., for respondent.


WADE, Justice.

Eugene Johnson, appellant herein, appeals from a conviction of burglary in the second degree. He contends the court should have granted a motion to dismiss the information because of insufficiency of evidence proving he had committed the crime.

Although controverted in some particulars by appellant and his drinking companion and codefendant, Charles Brooks, the evidence disclosed that about 1:20 a.m. on July 3, 1955, the policemen in a radio...

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