State v. Forshee

WILKINS, Justice:

Defendant, a used car dealer, was tried and convicted of theft by deception, a second degree felony, in violation of Section 76-6-405, Utah Code Ann., 1953, as amended, after selling a used car on which the odometer had been turned back from 73,000 miles to 33,000 miles. Defendant was tried before a Judge of the District Court of Salt Lake County, the defendant having waived the jury. Defendant appeals from the judgment entered. All statutory references are to Utah Code Annotated, 1953, as amended.

At trial, the victims, Mr. and Mrs. Smith, each testified that during the…