[Download] "State Utah v. David Tyrone Smith" by Court of Appeals of Utah " eBook PDF Kindle ePub Free
eBook details
- Title: State Utah v. David Tyrone Smith
- Author : Court of Appeals of Utah
- Release Date : January 16, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The appellant, David Tyrone Smith, was convicted by a jury of burglary and theft; both third degree felonies. On appeal he argues: (1) U.C.A., 1953, § 76-6-402 establishes an unconstitutional presumption that one in possession of recently stolen property is guilty of having stolen it and that that presumption is not constitutionally sufficient by itself to support a guilty verdict; (2) his wife should not have been permitted to testify against him over his objection; (3) he was forced to testify to rebut the presumption contained in § 76-6-402 in violation of his Fifth Amendment right not to testify; and (4) other prejudicial evidence was admitted against him. We affirm.
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