State v. Davis

HALL, Chief Justice:

This is an appeal from a third degree felony conviction of theft. 1 Defendant assigns the following as error: (1) insufficiency of the evidence; (2) denial of his motion to waive a jury trial; (3) admission of improper evidence during the State’s rebuttal argument; and (4) inclusion of a partial written deposition in the evidence which the jury was permitted to take with them into their place of deliberation.

In 1978, Joseph Mascaro and Charley Joseph became investment partners for the purpose of purchasing options on two adjacent parcels of real property located in Utah…