STATE v. DODGE

No. 10438.

18 Utah 2d 63 (1966)

415 P.2d 212

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. RAY DODGE, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

June 8, 1966.


Attorney(s) appearing for the Case

Jimi Mitsunaga, Legal Defender, Salt Lake City, for appellant.

Phil L. Hansen, Atty. Gen. State of Utah, Ronald N. Boyce, Asst. Atty. Gen. State of Utah, for respondent.


HENRIOD, Chief Justice.

Appeal from second-degree burglary and habitual criminal sentences after jury verdicts. Affirmed.

Defendant was caught red-handed in a super market peeling a safe. He said he was so drunk he didn't know what he was doing. The arresting officer said he didn't notice it.

Defendant urges 1) that the court erred in refusing to instruct the jury as to the offense of "unlawful entry" as being an included offense; 2) permitting evidence...

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