STATE v. GARCIA

No. 12994.

504 P.2d 1015 (1972)

29 Utah 2d 52

STATE of Utah, Plaintiff and Appellant, v. Darnell L. GARCIA, Defendant and Respondent.

Supreme Court of Utah.

December 22, 1972.


Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., David S. Young, William T. Evans, Asst. Atty. Gen., Salt Lake City, for plaintiff-appellant.

Robert Wallace, Ogden, for defendant-respondent.


TUCKETT, Justice.

This is an appeal by the State from an order of the district court arresting judgment and discharging the defendant.

The defendant and one Randall Robert Houle were charged with the crime of burglary in the second degree in the city court of Ogden City. The defendant was bound over and held to answer the charge in the district court where he was thereafter tried and found guilty. The codefendant Houle, at the election of the prosecutor, was...

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