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STATE v. PACHECO

No. 12589.

495 P.2d 808 (1972)

27 Utah 2d 281

STATE of Utah, Plaintiff and Respondent, v. Ted PACHECO, Defendant and Appellant.

Supreme Court of Utah.

April 11, 1972.

Attorney(s) appearing for the Case

D. Gilbert Athay, of Salt Lake Legal Defender Ass'n, Salt Lake City, for appellant.

Vernon B. Romney, Atty. Gen., David S. Young, and Larry V. Lunt, Asst. Attys. Gen., Salt Lake City, for respondent.

On Rehearing

HENRIOD, Justice:

Pacheco was convicted of stealing a rifle. On appeal he says the court erred in giving an instruction on aiding and abetting. We agree and reverse for that reason. It was conceded that there was no evidence of aiding and abetting, but the state says the instruction was not prejudicial. It seems almost axiomatic that instructions must bear a relationship to evidence reflected in the record, and we cannot enjoy the luxury of...

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