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STATE v. STUBBS

No. 20040108.

123 P.3d 407 (2005)

2005 UT 65

STATE of Utah, Plaintiff and Petitioner, v. Parley Parker Pratt STUBBS, Defendant and Respondent.

Supreme Court of Utah.

September 30, 2005.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Kenneth A. Bronston, Asst. Att'y Gen., Salt Lake City, Leo G. Kanell, Beaver, for plaintiff.

Edward K. Brass, Salt Lake City, for defendant.

NEHRING, Justice:

INTRODUCTION

¶ 1 Parley Parker Pratt Stubbs was accused of rape in the small town of Beaver, Utah. Before the jury was seated for his trial, Mr. Stubbs moved for but was denied a change of venue. He was convicted, and then he appealed. The court of appeals reversed Mr. Stubbs's conviction and remanded for a new trial, directing the trial court to grant Mr. Stubbs's motion for a change of venue.

¶ 2 We are asked to decide...

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