State v. Nichols

MOFFAT, Justice.

Appellant and one Francis F. Paugh were jointly charged in the District Court of Weber County, Utah, with the felony of burglary in the second degree. Paugh pleaded guilty to the charge. Appellant stood trial and was convicted. He appeals and assigns as errors the trial court’s refusal to grant his motion for dismissal made at the time the State rested its case, and the denial of his motion for a new trial. The motion for a dismissal was made upon the ground that the State had not produced sufficient evidence to justify submitting the case to the jury, and the motion for a new…