STATE v. MYERS

No. 16223.

606 P.2d 250 (1980)

STATE of Utah, Plaintiff and Appellant, v. Eugene MYERS, Defendant and Respondent.

Supreme Court of Utah.

January 24, 1980.


Attorney(s) appearing for the Case

Robert B. Hansen, Atty. Gen., Craig L. Barlow, Asst. Atty. Gen., R. Paul VanDam, Salt Lake County Atty., Patricia Marlowe, Deputy County Atty., Salt Lake City, for plaintiff and appellant.

James N. Barber, Salt Lake City, for defendant and respondent.


CROCKETT, Chief Justice:

The defendant was convicted by a jury of the crime of rape.1 After the return of the verdict, the district court entered an order in arrest of judgment. The state appeals.2

When there has been a trial by jury, the state, as well as the defendant, is entitled to the benefit of the findings and the verdict of the jury. The trial judge can intrude upon the prerogatives of the jury...

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