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STATE v. BINGHAM

No. 14971.

575 P.2d 197 (1978)

The STATE of Utah, Plaintiff and Respondent, v. James Samuel BINGHAM, Defendant and Appellant.

Supreme Court of Utah.

January 31, 1978.

Attorney(s) appearing for the Case

Don R. Strong, Springville, for defendant and appellant.

Robert B. Hansen, Atty. Gen., William W. Barrett, Asst. Atty. Gen., Salt Lake City, Notall T. Wootton, Utah County Atty., Provo, for plaintiff and respondent.

CROCKETT, Justice:

Defendant James Samuel Bingham appeals from his conviction by a jury of obstructing justice,1 a second degree felony, for helping Gerald Paul Brown escape from the scene where the latter was involved in a shooting incident.

The pertinent statute is U.C.A., Section 76-8-306(2):

An offense under this section is a class B misdemeanor unless the actor knows that the offender committed a capital offense...

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