STATE v. MUSSELMAN

No. 17380.

667 P.2d 1061 (1983)

STATE of Utah, Plaintiff and Appellant, v. D. John MUSSELMAN, Defendant and Respondent.

Supreme Court of Utah.

June 21, 1983.


Attorney(s) appearing for the Case

David L. Wilkinson, Atty. Gen., Robert R. Wallace, Craig L. Barlow, Asst. Attys. Gen., Salt Lake City, for plaintiff and appellant.

Phil L. Hansen, Salt Lake City, for defendant and respondent.


STEWART, Justice:

Defendant was charged with (1) forgery pursuant to U.C.A., 1953, § 76-6-501(1)(b), and (2) theft pursuant to § 76-6-404 and § 76-6-412, or alternatively, theft by deception pursuant to § 76-6-405 and § 76-6-412. At the conclusion of the State's case in chief, defendant moved to dismiss both counts. The trial court found the defendant innocent of the theft charges on the ground that the State had failed to prove the requisite...

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