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STATE v. GONZALES

No. 13361.

517 P.2d 547 (1973)

30 Utah 2d 302

The STATE of Utah, Plaintiff and Respondent, v. Steven Albert GONZALES and Orlando Roybal, Defendants and Appellants.

Supreme Court of Utah.

December 26, 1973.

Attorney(s) appearing for the Case

Lynn R. Brown, of Salt Lake Legal Defender Assn., Salt Lake City, for defendants and appellants.

Vernon B. Romney, Atty. Gen., David L. Wilkinson, M. Reid Russell, Asst. Attys. Gen., Salt Lake City, for plaintiff and respondent.

ELLETT, Justice:

The defendants appeal from convictions of the crimes of grand larceny and burglary in the second degree. They claim the trial court erred in three particulars, viz.:

(a) In denying their motion to dismiss for lack of evidence; (b) In its instruction on flight; and (c) In giving its instruction on possession of recently stolen property.

The undisputed evidence shows that some time after six p.m. on October 27,...

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