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STATE v. CUDE

No. 880115.

784 P.2d 1197 (1989)

STATE of Utah, Plaintiff and Appellee, v. Bernard Franklin CUDE, Jr., Defendant and Appellant.

Supreme Court of Utah.

December 29, 1989.

Attorney(s) appearing for the Case

Dan R. Knowlton, Salt Lake City, for defendant and appellant.

R. Paul Van Dam, Barbara Bearnson, Salt Lake City, for plaintiff and appellee.

HALL, Chief Justice:

Defendant Bernard Franklin Cude, Jr., appeals his conviction for aggravated burglary and aggravated sexual assault in violation of Utah Code Ann. §§ 76-6-203 (1978) (amended 1988 & 1989) and 76-5-405 (Supp. 1988) (amended 1989). He claims that (1) the trial court erred in refusing to admit into evidence out-of-court statements defendant made to his clergyman, (2) the prosecutor made an...

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