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STATE v. LYBERT

No. 13352.

515 P.2d 441 (1973)

30 Utah 2d 180

The STATE of Utah, Plaintiff and Respondent, v. Teddy Lee LYBERT and Ruben Gonzales, Defendants and Appellants.

Supreme Court of Utah.

October 23, 1973.

Attorney(s) appearing for the Case

Bruce C. Lubeck, of Salt Lake Legal Defenders Assn., Salt Lake City, for defendants-appellant.

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

TUCKETT, Justice:

The defendant and one Teddy Lybert were found guilty of the crime of burglary in the second degree. Thereafter the defendant was sentenced to serve a term in the Utah State Prison. From the verdict and the judgment of the court, the defendant appealed.

On January 13, 1973, Virgie Ellerman left her apartment in Salt Lake City, and upon her return she found the doorknob had been broken off, and the apartment showed evidence of being ransacked...

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