State v. Hales

OAKS, Justice:

This is an appeal from a jury conviction of willfully destroying public records by a custodian. U.C.A., 1953, § 76-8h112 (felony of the third degree). Defendant contends (1) that prosecutorial comments on her refusal to testify violated her privilege against self-incrimination; and (2) that she should have been charged, if at all, with tampering with records, § 76-6-504 (class B misdemeanor), since the two statutes prohibit the same conduct.

Defendant was employed as town recorder of the town of Elk Ridge, formerly Sa lem Hills, from December, 1976, until January, 1980. Since the…