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STATE v. DAVIS

No. 18892.

689 P.2d 5 (1984)

STATE of Utah, Plaintiff and Respondent, v. John Shepard DAVIS, Defendant and Appellant.

Supreme Court of Utah.

June 25, 1984.

Attorney(s) appearing for the Case

Ronald R. Stanger, Provo, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Salt Lake City, for plaintiff and respondent.

HALL, Chief Justice:

This is an appeal from a third degree felony conviction of theft.1 Defendant assigns the following as error: (1) insufficiency of the evidence; (2) denial of his motion to waive a jury trial; (3) admission of improper evidence during the State's rebuttal argument; and (4) inclusion of a partial written deposition in the evidence which the jury was permitted to take with them into their place of deliberation.

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