Legal Opinion
State v. Whitely
Utah Supreme Court
Decided February 14, 1941No. 6191PublishedCited by 11 opinions
1Opinion of the Court
MOFFAT, Chief Justice.
The defendant, Austin Whitely, is charged with having committed the crime of burglary in the second degree. Whitely waived a jury trial and stated, through counsel, the desire to have the cause tried by the court. A hearing was had and the defendant was found guilty of burglary in the second degree. An appeal brings the matter to this court.
It is admitted that someone committed a burglary in Farmington on the night of November 30, 1938. The identity of the presumed burglar is the only issue in the case. A man was seen coming from the house which had been burglarized…
2Cases cited6 opinions
- Glover v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- State v. WaidUtah Supreme Court · 1937
- Falgout v. United StatesCourt of Appeals for the Fifth Circuit · 1922
- United States v. VigoritoCourt of Appeals for the Second Circuit · 1933
- Cangelosi v. United StatesCourt of Appeals for the Sixth Circuit · 1927
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Ferris v. JenningsUtah Supreme Court · 1979
- State v. KnollUtah Supreme Court · 1985
- State v. MartinCourt of Appeals of Arizona · 1966
- State v. WilsonUtah Supreme Court · 1977
- State v. BalfourCourt of Appeals of Utah · 2008
6 more not listed; retrieve them via the Exa API.