STATE v. ABEL

No. 15769.

600 P.2d 994 (1979)

The STATE of Utah, Plaintiff and Respondent, v. Rory ABEL, Defendant and Appellant.

Supreme Court of Utah.

September 18, 1979.


Attorney(s) appearing for the Case

David B. Dryden of Dorius & Dryden, Brigham City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Theodore L. Cannon, Salt Lake County Atty., Salt Lake City, Jon J. Bunderson, Deputy Salt Lake County Atty., Brigham City, for plaintiff and respondent.


STEWART, Justice:

Defendant Rory Abel appeals from a rape conviction pursuant to § 76-5-402, U.C.A. 1953, as amended. The defendant was tried before a court sitting without a jury. On appeal, he argues the court erred in admitting and using the results of a polygraph examination to find guilt. Because the trial judge clearly indicated on the record that the polygraph evidence made the decisive difference between conviction and acquittal, there can be no question...

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