STATE v. BENDER

No. 15413.

581 P.2d 1019 (1978)

The STATE of Utah, Plaintiff and Respondent, v. Chris Dean BENDER, Defendant and Appellant.

Supreme Court of Utah.

July 13, 1978.


Attorney(s) appearing for the Case

Christine Fitzgerald, Salt Lake Legal Defenders Association, Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., R. Paul Van Dam, Salt Lake County Atty., Salt Lake City, for plaintiff and respondent.


HALL, Justice:

Defendant Chris Dean Bender appeals from a jury trial conviction of theft of a coat, a felony of the third degree, in violation of the provisions of U.C.A., 1953, 76-6-403. He asserts the trial court committed reversible error by refusing to instruct the jury on the lesser included offense of attempted theft and the concept of reasonable alternative hypothesis. He further maintains that the evidence at trial was insufficient to support the verdict....

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