STATE v. ROWLEY

No. 9894.

15 Utah 2d 4 (1963)

386 P.2d 126

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. HUGH F. ROWLEY AND DONALD SPENCER, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

October 31, 1963.


Attorney(s) appearing for the Case

Louis H. Callister, Sr., and Louis H. Callister, Jr., Salt Lake City, for appellants.

A. Pratt Kesler, Atty. Gen., Ronald N. Boyce, Asst. Atty. Gen., Salt Lake City, for respondent.


McDONOUGH, Justice.

Each of the defendants, Hugh F. Rowley and Donald Spencer, appeals from a conviction of the crimes of assault with a deadly weapon in violation of Section 76-7-6, U.C.A. 1953, and attempted burglary, in violation of Sections 76-1-30 and 76-9-3, U.C.A. 1953.

On Sunday, October 21, 1962, at approximately 8 p.m., Mr. Vere Lancaster, an employee of J.C. Penney Company, located in Tooele, Utah, and his 15-year-old son made a security check on...

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