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STATE v. REDD

No. 20000556.

37 P.3d 1160 (2001)

2001 UT 113

STATE of Utah, Plaintiff and Appellant, v. James REDD and Jeanne Redd, Defendants and Appellees.

Supreme Court of Utah.

December 28, 2001.

Attorney(s) appearing for the Case

Jan Graham, Att'y Gen., Joanne C. Slotnik, Asst. Att'y Gen., Salt Lake City, William L. Benge, Moab, for plaintiff.

Rod W. Snow, Denver, CO, and Walter F. Bugden, Jr., Salt Lake City, for defendants.

HOWE, Chief Justice.

INTRODUCTION

¶ 1 The State refiled an information against defendants for violating section 76-9-704(1)(b) of the Utah Code (1995), and filed for the first time charges under section 76-9-704(1)(a), arising from defendants' alleged removal or desecration of ancient human bones at an archeological site. Dismissing both charges, the magistrate held that State v. Brickey, 714 P.2d 644 (Utah 1986...

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