State v. Burton

HALL, Chief Justice:

Defendant appeals his conviction on two counts of theft, a second degree felony defined in U.C.A., 1953, 76-6-404. Defendant claims that the trial court erred in instructing the jury as to the defense of voluntary intoxication and in refusing to deliver a requested “reasonable alternative hypothesis” instruction.

Cliff Bowden, the owner of an automobile allegedly stolen by defendant, drove with his wife to the home of some friends and went inside to visit them, leaving his car parked on the street in front. Approximately ten minutes after entering the friends’ house, Bowden…