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Legal Opinion

State v. McCumber

Utah Supreme Court

Decided December 9, 1980No. 16716PublishedCited by 59 opinions

1Opinion of the Court

HALL, Justice:

Defendant appeals his conviction by a jury, of one count of aggravated sexual assault,1 one count of aggravated burglary,2 and one count of attempted rape.3

At approximately 1:00 a.m. on the morning of Wednesday, May 9, 1979, prosecutrix Nichol was awakened from sleep by the presence of someone in the bedroom of her apartment in Salt Lake County, Utah. The assailant placed his hand over her mouth and threatened her with violence if she moved. Prosecutrix Nichol was unable to see her assailant’s face due to darkness, but heard him speak several short sentences regarding the…

2Cases cited18 opinions

  1. Chimel v. CaliforniaSupreme Court of the United States · 1969
  2. Neil v. BiggersSupreme Court of the United States · 1972
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Manson v. BrathwaiteSupreme Court of the United States · 1977
  5. Gilbert v. CaliforniaSupreme Court of the United States · 1967

13 more not listed; retrieve them via the Exa API.

3Cited by59 opinions

  1. State v. LaffertyUtah Supreme Court · 1988
  2. State v. RamirezUtah Supreme Court · 1991
  3. State v. WoodUtah Supreme Court · 1982
  4. State v. JohnsonUtah Supreme Court · 1987
  5. State v. JohnsonUtah Supreme Court · 1989

54 more not listed; retrieve them via the Exa API.

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