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STATE v. DAVENPORT

No. 13156.

517 P.2d 544 (1973)

30 Utah 2d 298

The STATE of Utah, Plaintiff and Appellant, v. Kent DAVENPORT, Defendant and Respondent.

Supreme Court of Utah.

December 21, 1973.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., David L. Wilkinson, William T. Evans, Asst. Attys. Gen., Salt Lake City, for plaintiff and appellant.

Galen J. Ross, Salt Lake City, for defendant and respondent.

HENRIOD, Justice:

The State has no standing as a litigant-appellant in this case, since the basis for its appeal appears to be stranger to the only four bases upon which the State may appeal, enumerated in Title 77-39-4, Utah Code Annotated, 1953, and referred to in three recent Utah cases, which cases we believe to be dispositive here.1 The action of the trial court should not be disturbed.2

CALLISTER...

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