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STATE v. ROSENBAUM

No. 11315.

449 P.2d 999 (1969)

22 Utah 2d 159

STATE of Utah, Plaintiff and Respondent, v. Kenneth DeMar ROSENBAUM, Defendant and Appellant.

Supreme Court of Utah.

January 30, 1969.

Attorney(s) appearing for the Case

Hatch & McRae, Sumner J. Hatch, Salt Lake City, for appellant.

Joseph P. McCarthy, Salt Lake City, for respondent, Phil L. Hansen, Atty. Gen., Gerald G. Gundry, Asst. Atty. Gen., Salt Lake City, on the brief.

ELLETT, Justice:

The appellant was convicted of the crime of burglary in the third degree and appeals to this court, claiming that the trial judge erred in giving the jury the following instruction:

Due to the very nature of the defense of alibi, in that it is easily fabricated and difficult to disprove, you should consider it with caution.

It has been held that a cautionary instruction regarding the defense of alibi such as that given in this case...

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