STATE v. KIRKMAN

No. 10783.

20 Utah 2d 44 (1967)

432 P.2d 638

THE STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. KENT M. KIRKMAN, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

October 18, 1967.


Attorney(s) appearing for the Case

Jimi Mitsunaga, Richard S. Shepherd, Salt Lake City, for appellant.

Phil L. Hansen, Atty. Gen., Gerald G. Gundry, Asst. Atty. Gen., Salt Lake City, for respondent.


ELLETT, Justice:

The defendant was convicted of burglary in the second degree and was sentenced to the State Prison for the statutory term therefor. He appeals and assigns two errors on the part of the trial court, as follows:

First, he says the evidence before the court was insufficient to support a conviction of burglary in the second degree.

Second, he claims the court failed to instruct the jury on essential elements of the crime of burglary in...

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