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STATE v. KAZDA

No. 13865.

540 P.2d 949 (1975)

The STATE of Utah, Plaintiff and Respondent, v. Dennis G. KAZDA, Defendant and Respondent.

Supreme Court of Utah.

September 22, 1975.

Attorney(s) appearing for the Case

Larry R. Keller of Salt Lake Legal Defender Assn., Salt Lake City, for defendant and respondent.

Vernon B. Romney, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

CROCKETT, Justice:

Dennis G. Kazda seeks reversal of his jury conviction of theft, a third-degree felony,1 for removing building materials from a house under construction in Sandy City, Salt Lake County. The sole assignment of error is that the prosecutor prejudicially commented in his closing argument concerning the defendant's failure to testify at trial.

The defendant was found late at night in the construction site where building...

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