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Show 'A' o . ,'' A Warranty Deeds , 780 Anaal Service Carp Regency Hones 800 First Raymond - 4 S - ' Ji. 255 to to F, Ostler etux 919 : at - Jla McGhle Land Title, F. Brown etux 928 KeGhie Land Title, Jls F. Brown etux - 2551 006 i- etux to to Tr to Elmer N. Youngreenetux etux Harvey J, Allen etux to Utah Stewart Roberts etux C, bank to Brendall Manufacturing First Security 2550 027 Security Title, American Equity Prudential Tr to Gatehouse S08 to 634 Sec Title, Tr to Gatehouse to John Ken Evans ReRty North Hills Corp 021 Zlono First Nat Bank bo etux McGhle Land Title, Prescott B. Hardy Tr to 680 fist fiverett Pope to Carlos C, Yharre etal Murray Tr to etal 683 McGhle Land Title, Tr Cinnamon Ridge Enterprises First Thrift to Serv; equip 975 - Ohlson Printing Co, 260 N. 500 W. St. Bntfl to Graphic Systems Inc; equip 921 - Hesley Elder, 3824 Brlcwd Dr. Grngr to Benefl Fin Co; hh furn 976 - Springtime Nursing Home 876 1st Ave. SLC to Restrnt & Str Equip Co; equip 922 - Frank Boweter, 479 Linden St. SLC to Benefl Fin 977 - South Sea Cafe, 7640 S.. State St. Mdvl to Restrnt & Str Equip Co; equip furn Co; hh 923 - Kimball Rigby, 257 S. 12th W. SLC to Benfl Fin Co; hh furn 924 - Thomas L. Solberg, 240 E. 1100 N. N. SLC to Benefl furn Co; hh 925 - Richard T. Fuller, 485 N. 500 W.Bntfl to Benefl Fin Co; hh furn Jon M. Brock, 765 W. Bntfl to Benefl Fin furn 982 - Clr. Terry R. Dyer, 38 Rose Mry to Mry Frst Thrft & Ln Co; equip - Lamar W. Carlson, 289 9585 E. S. Sndy to Vly Bk & Trst Co; equip 983 - Walter E. Banks,' 1784 6020 8. SLC to Vly Bk & Trst Co; equip 984 W. 985 - Juan A. Vigil, 4350 W. 5780 S. Krns to Vly Bk & Trst Co; cmpr 927 - John V. Benson, 2954 Cardiff Rd. SLC to Mry Frst Thrft & Ln Co; items - Jack Howard, 4419 S. 9th E. SLC to Mry Frst Thrft & Ln Co; boat 928 - Borman 993 - Virginia D. Lawrence, 4763 Bon Air SLCto Tracy Clns to William Amsal Service sr etal 680 Guardian Title, G, Lew Choules etux 683 Guardian Title, G, Low Choules etux 718 to - Albert D. Harding, 1908 3395 S. Grngr to Assoc Flna 2551 2550 McGhle Land Title, Prescott B. Hardy etal 677 114 191 McGhle Land Title, Tr B. Hardy etal 942 W. Chappel Co; hh 448 McGhle Land Title, Tr to James E, Save las etux to Prescott 3935 939 - Charles E. Gemmell, 3774 Falrmnt Clr. W. Jrdn to Assoc Flnan Serv; equip Elmer P, Bastlan etux to David S, Bastlan etal Charles William Webb etux to Charles W, Webb etux to Miller, Boothlll Dr. Grngr to Benefl Fin Co; hh furn 926 - 376 Richard S. Mills etux 67I to Verl 244 S, Randall Equitable Life and Casualty to LucAlla 0. Peterson etux 656 O'Brien etux 258 &C 920 - Bryon Fin American Equity 180 R William Klmes etux Sen Leggroan American Equity Enter-pris- es to Cinnamon Ridga 088 Russell R. Robison etux to Russell R, Robison, Tr Const Title, Jr etux Tr to 508 Sec Const 508 Harold F. Roberts etal Enterprises Richard Prows Inc Tr to Title and Abs, Tr 501 Prudential Saving to Richard Prows Inc 501 919 - Shirley Slure, 5552 S. Holmberg Gmgr to Benefl Fin CO; hh furn- Utah Title and Abs, Tr to Kim Shaman etux 028 Title, furn. - 982 Glenna S, Jensen HeGhle Land to Utah Title and Abs, Tr to Frank A, Cooks etux. to Pioneer Title, Tr to 016 Enterprises The Lockhart Co Steven H. Moore etux 981 385 Douglas R. Allen to Elner Nbrvln Youngreen etux Jr Title, 918 - Doris Bohn, 8440 Mesa Dr. SLCto Benefl Fin Co; hh 751 3& Bruce Allen to Aimer N, Youngren etux S&te Sav and Loan to William Frederick Leha&n Clnamon Ridge Tr 718 Tr to Ronald McGhle Land 686 694 258 filva B, Hansen D, Hansen etal, Tr 383 FINANCING STATEMENTS to 257 Harvey D, Hansen Hanes Distributing Richard Prows Inc r etux. Harvey D. Hansen Harvey D. Hansen 256 .Same as 255 Fbderal Sav to 805 Prudential Service to ' -, WEDNESDAY, AUGUST 22. 1973 THE DAILY RECORD FOUR PAGI Rose Park Inv Grover Rich Jr etux Tr to Tr to to S, W. poll, SLC to Utah Frm Prodctn Crdt Assoc; cattle 987 . Bk & Trst; tv 929 - Contract Service Inc. 3265 S. 2nd W.SLC to Zions FrstNatnl Bk; boat. 995 - J. W. Brewer Tire Co., 2208 S. 2nd W. SLCto The ' Kelly Springfld Tire Co; tires 933 - Rex L. Olsen, 500 N. 500 W. Bntflto GenrlCrdt Co; 381 008 - Walter R. Eaton, 4759 W. 4175 S. SLCto Scott Machnry Co; equip hhg 938 - Dlemar L. Kepner, 2877 Marcus Rd. Grngr to Assoc Fins: Serv; equip 009 - Jorgena L. Taylor, 2550 Cntntl Thrft Rowland Dr. SLCto & Ln Co; equip Richard A, Coscla In The Supreme Court Of The State Of Utah The State of Utah, Plaintiff and Respondent, v. Billy Charles Harris, Patricia State v. Allgood, 28 Utah 2d 119, 120, 499 P.2d 269 (1972). 4, 2. Sec. U.C.A. 953. This instruction is in full accord with the law set forth in State v. Perkins 3 and State v. Kasai. 1. No. 13025 76-1-4- FILED August 14, 1973 Defendant, further, contends that the trial court erred in denying his a new trial on the ground of newly discovered evidence. Sec. motion for Doe, aka Sammy, L. M. Cummings, Clerk 'U.C.A. 1953. This evidence was an affidavit of Saunders, admitting that she, Defendants and Appellant. alone, was involved in the transaction without the aid or knowledge of Harris. She claimed that she did not inform counsel or testify at the trial in the belief that Harris was not actually involved and would not be convicted; and that his GA LUSTER.. Chief Justice; presence as a codefendant would probably result in her acquittal. Defendant claims that the trial court denied the motion on the ground that with due diligence of the The defendants, Harris and Saunders, were convicted by a jury he would have been aware of the facts set out in the Saunder's affidavit. Defendcrime of unlawful sale of a narcotic drug, namely, heroin. Saunders was ant urges that although the two shared common counsel, he had no way of knowing granted probation upon the condition that she commit herself to an institution what was in Saunder's mind, until she revealed the facts. for treatment of her narcotic addiction. Harris was sentenced for the term provided by law to the Utah State Prison. Harris, alone, appeals. It is a matter solely within the discretion of the trial court as to whether it should grant a new trial on the ground of newly discovered evidence. This The evidence adduced at the trial indicates that Edward Guy, an informer, and John P. Sutton, special agent for the Federal Bureau of Narcotics court cannot substitute its discretion for that of die trial court, whose ruling and Dangerous Drugs, contacted defendant, Harris, upon several occasions for will be sustained, unless it is clearly indicated that it abused or failed to exercise its discretion. The denial of such a motion will be deemed an abuse of the purpose of purchasing a quantity of heroin. To complete the details of the transaction, the parties met several times, but Harris was in agreement with discretion only in such instances where there is a grave suspicion that justice may have been miscarried because of the lack of enlightenment on a vital point, the sale during their various meetings. Harris insisted that Saunders handle which the new evidence will supply; and the other elements attendant on obtain- the physical transfer of money and narcotics; however, the evidence indicated to ing a new trial on the ground of newly discovered evidence are present. If the heroin that Harris was in the same room at the time Saunders delivered there be evidence before the court upon which reasonable men might differ as Guy. to whether or not the defendant is guilty, the trial court may deny a motion for new trial. 5 a conto On appeal, Harris contends that there is insufficient evidence nect him with the sale of the heroin, and that there was no basis to hold him The facts of the affidavit neither qualify as evidence that could not with as a principal because Saunders delivered the narcotics to Guy. reasonable diligence have been discovered and produced at trial nor would they, be such as to render a different result probable on retrial of the case. There To set aside a jury verdict the evidence must appear so inconclusive is no basis upon which this court could hold that the trial court abused its disor unsatisfactory that reasonable minds acting fairly upon it must have entercretion. tained reasonable doubt that the defendant committed the crime. Ann Pearson Saunders and John 7), I . r e The judgment of the trial court is affirmed. The record is replete with evidence indicating his active participation in this criminal transaction; Harris cannot insulate himself from prosecution by directing another to handle the physical transfer. Section e WE CONCUR: U. C.A. 1953, as amended 1969, provides: F, Henri Henriod, Justice "Sale" or "sell" includes barter, exchange, gift, transfer, prescribe, give away, or offer therefor, and each transaction made by any person, whether as principal, proprietor, agent, servant, or employee. From the evidence adduced at the trial, reasonable minds could A. H. Ellett, Justice con- clude that Saunder's role in the transaction was under the direction and control of Harris, a principal. 2 Defendant excepted to Instruction 14, and on appeal asserts that it was confusing to the jury and prejudicial to his cause. The instruction provided that to constitute the defense of entrapment, the jury must find that defendant was an innocent person, whose natural reluctance to commit a crime to which he had no predisposition, was persuaded by a police informer to sell narcotics. R. L. Tuckett, Justice Crockett, Justice, concurs in the result. Utah 2d 421, 432 P.2d 50 (1967). 4. 28 Utah 2d 326, 495 P.2d 1265 (1972). 5. State v. Jiron, 27 Utah 2d 21, 23, 492 P. 2d 983 (1972). 3. 19 1 |