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STATE v. PORTER

No. 12588.

502 P.2d 1147 (1972)

28 Utah 2d 364

The STATE of Utah, Plaintiff and Respondent, v. James Lorin PORTER, Defendant and Appellant.

Supreme Court of Utah.

November 1, 1972.

Attorney(s) appearing for the Case

Salt Lake Legal Defenders, Bruce C. Lubeck, Salt Lake City, for defendant-appellant.

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

CROCKETT, Justice:

James Lorin Porter seeks to reverse his conviction by a jury of possession of a stolen motorcycle in violation of Sec. 41-1-112, U.C.A. 1953. His principal contention is that the State failed to make affirmative proof of what he contends is an essential element of the offense stated in the emphasized portion of that statute:

Receiving or transferring stolen vehicle a felony. — Any person who ... has in his possession any vehicle...

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