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STATE v. BUGGER

No. 12278.

483 P.2d 442 (1971)

25 Utah 2d 404

STATE of Utah, Plaintiff and Respondent, v. Charles BUGGER, Defendant and Appellant.

Supreme Court of Utah.

April 6, 1971.

Attorney(s) appearing for the Case

Robert Van Sciver, Van Sciver, Florence, Hutchison & Sharp, Salt Lake City, for defendant-appellant.

Vernon B. Romney, Atty. Gen., Lauren N. Beasley, Asst. Atty. Gen., Salt Lake City, for plaintiff-respondent.

TUCKETT, Justice:

The defendant was found guilty of a violation of Section 41-6-44, U.C.A. 1953, and from that conviction he has appealed to this court.

During the night of July 28, 1969, the defendant was asleep in his automobile which was parked upon the shoulder of a road known as Tippet's Lane in Davis County. The automobile was completely off the traveled portion of the highway and the motor was not running. An officer of the Highway Patrol stopped at...

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