State v. Anderson

MAUGHAN, Justice:

The defendants, Roger Anderson and Thomas Brackenbury, bring this appeal from their conviction for tampering with a witness in violation of 76-8-508. We uphold the conviction of Roger Anderson, hereinafter “Anderson,” but set aside the conviction of Thomas Brackenbury, hereinafter “Brackenbury.” All statutory references are to Utah Code Annotated 1953, as amended.

The factual basis of the jury conviction is relatively simple. The defendants, Anderson and Brackenbury, entered the J & M Saloon, located in Soldiers Summit, Utah, to investigate suspected illegal sale of alcohol.…