People v. Morton
Utah Supreme Court
Appeal from a judgment of tbe district court of tbe first district, and from an order refusing a new trial. The opinion states tbe facts. Tbe evidence shows that the officers of the law connived with their decoy, Toland, to entice defendants into committing a crime. This is a complete defense: People v. Saunders, 25 Mich., 119; Peoples. Harry Saunders, 38 Mich., 218; Williams v. State, 1 Am. Crim. Rep., 413; Johnson v. State, 3 Tex. App. Rep., 590; Peoples.
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Appeal from a judgment of tbe district court of tbe first district, and from an order refusing a new trial. The opinion states tbe facts. Tbe evidence shows that the officers of the law connived with their decoy, Toland, to entice defendants into committing a crime. This is a complete defense: People v. Saunders, 25 Mich., 119; Peoples. Harry Saunders, 38 Mich., 218; Williams v. State, 1 Am. Crim. Rep., 413; Johnson v. State, 3 Tex. App. Rep., 590; Peoples. Hampton, 9 Pacific Reporte!, 508 Utah. Wardleigh, the owner, consented. Intent to commit larceny is the essence of crime of burglary: C.…
1Opinion of the Court
Boreman, J.:
The appellants were indicted for burglary committed by breaking into the store of Henry C. Wardleigh, in Ogden, in this territory, at night, with intent to steal. They were tried and convicted, and; having made their motion for new trial, which was overruled, they have appealed to this court.
The appellants urge that the testimony does not show any intent or attempt to commit larceny, and that, therefore, the crime of burglary was not committed. The evidence shows that the appellants were at the store of said Wardleigh at night, in the dark, an hour or two after the store had been…
2Cited by5 opinions
- State v. TellayUtah Supreme Court · 1958
- State v. LammUtah Supreme Court · 1980
- State v. LammUtah Supreme Court · 1980
- United States v. Thomas Melton, Jr.Court of Appeals for the D.C. Circuit · 1974
- United States v. Thomas Melton, Jr.Court of Appeals for the D.C. Circuit · 1974