STATE v. MARTINEZ

No. 12785.

498 P.2d 651 (1972)

28 Utah 2d 80

The STATE of Utah, Plaintiff and Respondent, v. Paul Joe MARTINEZ, Defendant and Appellant.

Supreme Court of Utah.

June 22, 1972.


Attorney(s) appearing for the Case

James Z. Davis, Ogden, for appellant.

Vernon B. Romney, Atty. Gen., David S. Young, Asst. Atty. Gen., Salt Lake City, for respondent.


ELLETT, Justice:

The defendant appeals from a conviction of and sentence for the crime of burglary in the second degree. He assigns two grounds of error:

(1) The evidence does not support the verdict of guilty.

(2) Evidence was obtained by a warrantless search and should have been excluded.

Two intended patrons of a beer parlor saw a long-haired man wearing a fringed buckskin coat get out of and sneak away from the cab of a truck on which was...

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