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STATE v. MORGAN

No. 13451.

527 P.2d 225 (1974)

STATE of Utah, Plaintiff and Appellant, v. Joseph MORGAN, Defendant and Respondent.

Supreme Court of Utah.

October 8, 1974.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., William T. Evans, Earl F. Dorius, Asst. Attys. Gen., Salt Lake City, for plaintiff and appellant.

Robert Van Sciver, D. Gilbert Athay, Salt Lake City, for defendant and respondent.

HENRIOD, Justice:

Appeal from an order of the trial court, resentencing defendant to a lesser penalty in a possession of narcotics case. Reversed.

Morgan was convicted and sentenced by trial Judge S for aiding and abetting in the possession by his wife, the principal, of a controlled substance for distribution.1 He appealed to this court. While the appeal still was pending, his wife was faced with the same offense, was tried and...

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