State v. Roberts

HALL, Chief Justice.

Defendant appeals a conviction of theft by deception, a second degree felony. U.C.A., 1953, § 76-6-405(1). Defendant contends that the evidence introduced at trial was insufficient to establish the crime of theft by deception. We affirm.

In 1978, the State’s primary witness, David Rail, sold a life insurance policy to Miriam Marlowe’s husband. The Marlowes and Rail subsequently became good friends. In July 1981, Marlowe’s husband died in a swimming accident. In March of 1982, Rail informed Marlowe that her husband’s life insurance policy was still in force and that she was…