State v. Kimbel

HALL, Justice:

Defendant was convicted by a jury of the offense of theft, 1 a third degree felony, and was sentenced by the court to a term not to exceed five years in the Utah State Prison. He now appeals the judgment and sentence, claiming error on three grounds: (1) There was insufficient corroboration of the testimony of the accomplice upon which a guilty verdict may be based; (2) the state did not prove the corpus delicti of theft; and (3) the evidence proved only a misdemeanor theft.

The facts giving rise to this appeal are as follows. On the morning of July 6, 1978, one J. R. (a…