STATE v. BURKS

No. 13081.

510 P.2d 532 (1973)

29 Utah 2d 378

The STATE of Utah, Plaintiff and Respondent, v. Elmer Lee BURKS, Defendant and Appellant.

Supreme Court of Utah.

May 25, 1973.


Attorney(s) appearing for the Case

Bruce C. Lubeck, Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

Vernon B. Romney, Atty. Gen., Salt Lake City, for plaintiff and respondent.


CALLISTER, Chief Justice:

Defendant appeals from his conviction by a jury of the crime of attempted grand larceny. He was sentenced to an indeterminate term, as provided by law, in the Utah State Prison.

Defendant and his wife were browsing in Chester's Drawers, a retail clothing establishment in Salt Lake City. Another patron observed defendant take two leather coats from a rack, place them under his trench coat, and start to walk toward the door. The patron...

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