Legal Opinion

State v. Jones

Utah Supreme Court

Decided January 19, 1962No. 9562PublishedCited by 11 opinions

1Opinion of the Court

HENRIOD, Justice.

Appeal from sentences after convictions of burglary and larceny allegedly committed at the same place, about the same time. Affirmed.

Appellant urges error in sentencing on both charges. He relies on Title 76-1-23, Utah Code Annotated 1953 1 for reversal, and cites State v. Huntsman 2 in support. The Huntsman case reflects but one act accomplished against one female. In the instant case the facts show 1) a breaking and entering and 2) a larceny. The entering did not include the larceny and the larceny independently was something else. Each offense required different acts,…

2Cases cited2 opinions

  1. Rogerson v. HarrisUtah Supreme Court · 1947
  2. State v. HuntsmanUtah Supreme Court · 1949

3Cited by11 opinions

  1. People v. McFarlandCalifornia Supreme Court · 1962
  2. People v. WiseMichigan Court of Appeals · 1984
  3. Mead v. StateAlaska Supreme Court · 1971
  4. State v. ClarkUtah Supreme Court · 1981
  5. Duran v. CookCourt of Appeals of Utah · 1990

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