STATE v. FARNSWORTH

No. 9546.

13 Utah 2d 103 (1962)

368 P.2d 914

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. DAVID FARNSWORTH, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

February 27, 1962.


Attorney(s) appearing for the Case

Mitsunaga & Ross, Galen J. Ross and Kenneth H. Hisatake, Salt Lake City, for appellant.

Walter L. Budge, Atty. Gen., Ronald N. Boyce, Asst. Atty. Gen., for respondent.


CALLISTER, Justice.

Defendant appeals from a conviction of burglary in the second degree. As error, he alleges: (1) that he was denied a fair trial because of the incompetency of trial counsel, (2) failure of proof that the crime was committed in the nighttime, and (3) that absence of counsel at the sentencing was a denial of his constitutional rights.

With respect to the first alleged error, defendant argues that his trial counsel was incompetent and did...

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