State v. Kazda

CROCKETT, Justice:

Defendant was convicted by a jury of the crime of theft, 1 a felony in the third degree, 2 of approximately 320 pounds of copper wire, valued at between $250 and $400, from the poles of Mountain States Telephone & Telegraph Company in Tooele County. He was sentenced to serve an indeterminate term of up to five years in the state prison, 3 to run concurrently with a similar one which appellant is presently serving. Defendant appeals, assigning errors in instructing the jury.

On the morning of October 1, 1974, defendant and two others, Max Stockton and Max Reay, came onto the.…