STATE v. SUNTER

No. 14363.

550 P.2d 184 (1976)

The STATE of Utah, Plaintiff and Respondent, v. Emil Martin SUNTER, Defendant and Appellant.

Supreme Court of Utah.

May 24, 1976.


Attorney(s) appearing for the Case

Bryce K. Bryner, Helper, for defendant and appellant.

Vernon B. Romney, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, Ronald B. Boutwell, Carbon County Atty., Price, for plaintiff and respondent.


TUCKETT, Justice:

The defendant appeals from a verdict and judgment of the District Court of Carbon County finding him guilty of attempted burglary in violation of Section 76-4-101(1), U.C.A. 1953 as amended. The defendant is here seeking a reversal.

The only claim of error made by the defendant in this court is the trial court's failure to submit to the jury an instruction on the possession of an instrument for burglary or theft.

On July 8, 1975,...

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