STATE v. VOLBERDING

No. 13269.

516 P.2d 359 (1973)

30 Utah 2d 257

STATE of Utah, Plaintiff and Respondent, v. Carl VOLBERDING, Defendant and Appellant.

Supreme Court of Utah.

November 29, 1973.


Attorney(s) appearing for the Case

John Blair Hutchison, Ogden, for defendant and appellant.

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


CALLISTER, Chief Justice:

Defendant appeals from his conviction in a trial before the court of petty larceny. Defendant was accused of grand larceny but was found guilty of the lesser and included offense; on appeal he seeks to have his conviction set aside.

In the early hours of October 3, 1971, defendant entered an establishment known as Ray's Club in Ogden, Utah. He consumed two beers and played the pin ball machine...

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