STATE v. FAIR

No. 12551.

501 P.2d 107 (1972)

28 Utah 2d 242

The STATE of Utah, Plaintiff and Respondent, v. Tommy Otis FAIR, Defendant and Appellant.

Supreme Court of Utah.

September 19, 1972.


Attorney(s) appearing for the Case

Myrna Mae Nebeker, Salt Lake City, for defendant and appellant.

Vernon B. Romney, Atty. Gen., David S. Young, David R. Irvine, Asst. Attys. Gen., Salt Lake City, for plaintiff and respondent.


HENRIOD, Justice:

Appeal from a conviction for sale of a narcotic. Affirmed.

Defendant says it was error: 1) For the trial court to receive testimony in the absence of the jury; 2) to permit him to appear at court in prison attire; and that 3) his sentence was unconstitutional.

As to 1): The testimony taken in absence of the jury, was that of an undercover agent to determine if there may have been an entrapment as a matter of law sufficient to take...

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