OCR Text |
Show THE SALT LAKE TIMES FRIDAY, JANUARY 9. 1976 Appreciation Dinner Slated Honoring Utahs Craftsmen Governor Calvin L. Rampton has set Tuesday, March 30, 1976 as the date for a second Appreciation Dinner to honor outstanding men and women in the crafts. The banquet will be held in the Three Seasons Room at the Salt Lake Hilton. As Utah celebrates her 80th Anniversaiy of Statehood in our nation's Bicentennial Year, it is fitting to pay tribute to those whose hands have helped expand industry, construct new buildings, tap our vast energy and mineral resources and create the prosperity we all enjoy," the Governor said. A number of outstanding craftsmen selected from all fields of skilled labor will be recipients of the Craftsmen Awards presented by Governor Rampton at the banquet. Nominees must be senior craftsmen who have displayed outstanding proficiency in the exercise of their trade and have demonstrated exemplary conduct and work habits. The candidates must be recognized by their peers for vocational competence and must be respected citizens of their community. In additon, a special Lost Skills" category has been added this year as a tribute to Utah's Statehood and the Bicentennial. Craftsmen who labor or have retired from a career in such fields as stained glass making, saddlery, coopering, blacks mithing, latheing and plastering and other historically-oriente- d handwork are eligible for nomination. Nominations for both awards categories may be made by any business firm, organization or individual in the State of Utah. All nominations must be accompanied by two additional letters of reference. A featured ' complement to the Governor's Craftsmen Awards is the vocational scholarship program. We must urge our youth to emulate these fine tradesmen and force of build an skilled labor to insure an even greater future for Utah," Governor Rampton stated. Thirty scholarships contributed by technical colleges throughout the State will be awarded to high school students who have demonstrated technical ability and the desire to pursue a career in the trades. Students must be nominaever-increasi- ng ted by their vocational instructors or shcool principal. Final selection of award and scholarship recipients will be made Page Three Utah Supreme Court Opinions IN THE SUPREME COURT OP THE STATE OF UTAH . by the Craftsmen Awards Commi- ttee. Committee members are: President Jay L. Nelson, Utah Technical College at Salt Lake; Walter E. Ulrich, State Board of VocationalTechnical Education, Education; Jack Higbee, Advisory Council for Vocational and Technical Education; Robert Halladay, Utah Manufacturers Association; Kenneth E. Frank Lay, AFL-CIKennecott Kefauver, Copper Corp.; Dean Kerr, Utah Mining Assoc.; Jack Alder, Utah Associated General Contractors; and Jack Galli-vaPublisher, Salt Lake Tribune. The program is under the direction of Milton L. Weilenmann, Director, Department of Development Services and Dale B. Carpenter, Director, Utah Industrial Development Division. Nomination forms are available from Mrs. Raye C. Ringholz, Information Specialist, Utah Industrial Development Division, 2 Arrow Press Square, Suite 200, Salt Lake City, Utah 84101. The deadline for nominations is O; n. SUM of Utah, la tha laUraal af Rubaa Gonsalai. mtaar, Ruben Allan E. Macham. Clark TUCKETT. Deeper insight into the world of Counts" Research Writing Contest, sponsored by the Governors Committee on Employment of the Handicapped. Savings bonds, cash awards and scholarships will be received by the first five winners. Top winner will fly to Washington, D.C. next May to attend the annual meeting of the President's Commit-- , tee on Employment of the Handicapped. Flight fares and $100 expense money will be given as a courtesy of Utah State AFL-CIIn every community are productive handicapped individuals, who would be excellend subjects for research papers on the theme: A Profile of Achievement: How A Handicapped Person Approaches Life. High school juniors and seniors in public, private or parochial high schools are invited and urged to interview and write O. Jmtica; Thaaa proceeding wars laltlatad bp tha Suit of Utah la tha tutor aat af Rnbaa Coaaalaa, a minor child aadar tha ago af aightaan years. Gonaalaa, harala rafarrad to aa dafaadant, waa chargad with tha affaaaa af manalaaghtar la that ha klllad aaa William Warlla. Thta charga waa . which dafinaa tha anfflclantly laid aadar tha pravtalaaa af Sacttaa crima of maaalanghtar. Oa Fabraary 12, 1 475, dafaadant had dnvaa hia fathar and Rnby Martina In a liquor atara la Ogdaa, Utah. Sunday Martian! and Mary Lea Ybarra, bath agad approximately sixteen, accompanied tha defendant In tha autamoblla. Whan tha father, Jaaaa Coaaalaa, returned to tha vehicle, ha area accoetod by two Indiana who wara undar tha influanca of liquor. Tha ladiaaa askad Jaaaa Coaaalaa far money, which ha rafaaad to give them. Jaaaa fall agalnat tha automobile, and lhara la a diaputa la tha avtdanca aa la whathar ha waa (track by Warlla ar whether ha fall by raaeoa of hit lakwlcatioa. Tha ladiaaa atartad to leave tha tcena el tha autamoblla whea tha dafaadant gat aat af tha automobile and called them back. At that tlma Warlla atruck tha dafandant with a nunc buck, and tha other Indian punched him, cnualng tha dafandant to fall to tha ground. Tha defendant got to hia feat and pulled a gua and abet Warlla. Warlla walked to tha aide of tha vehicle and laid hia handa on Ita top. Tha dafandant and Warlla apoka to each other again, and than tha defendant a hot Warlla again. Warlla fall ta tha ground and thareaftar died. Tha eacond Indian, Boyd L. Wyatt, ran acreaa tha atraat with tha dafandant la pureuit. Dafandant find two or three ahota at Wyatt, ana of which graaad hia head and ona became lodged in hia halt buckla. Evidence tended to ahow that defendant' fathar had anterad tha car prior to tha time tha ahota war fired at Warlla. It la tha dafandant' contention that h waa acting In dafanaa of him-a- lf and hia fathar and that ha waa not guilty af tha crime af manilaughlar. Tha force which era may uaa la dafanaa af himself ar another la prescribed U.C.A. 19SS, a, amended, which by the provlaioai of Section la aa follewi: A pareoa la juetlflad la threatening ar ueing force agalnat another whan and to the extant that ha reaeoaably believea that auch fare la aacaaeary to defend himaelf or a third pareoa agalaat such ether's Imminent uaa of unlawfal farce; however, a parson ta Justified la using force which la Intended or likely to causa death or serious bodily Injury only If ha reasonably ballavaa that tha fores la racaiaary to prevent death ar aarloua bodily Injury ta himaelf ar a third parson, or to prevent tha commission of a forcible felony. Ability Counts" Research Writing the handicapped awaits every participant in the 1976 Ability Dacambar 14, 197S Canulai, Appellant. February 9, 1976. Contest Announced No. IMIS FILED 1 Tha racant declaloa of thia court, Statu v. Jackson, lays down the rule that a dafaadant la aatltlad to aa acquittal If, basud upon tha whole evidence, than la a reasonable doubt as to whathar or rat ho acted In Tha evidence la this caaa doaa not compel a finding that tha dafandant, whan ha find the ahota, om of which mortally wonodad Warlla, was acting la dafanaa of himaelf ar hia father. Tha record does rat rovaol whathar tha first ar tha second shot was fatal. Navarthalnaa. tha record does disclose that at tha tlma both shots wara find, the fathar had gotten Into tha vehicle and waa no longer to danger. Tha ncord further shows I. ' S2I P. 2d 14S. " that Warlia waa leaving tha scans of hia coni rontat.ee with Jaaaa Cons whea tha dafandant left tha car and called Warlla and Ms companion ha. . U la quits clear that after lha first shot waa fired, Warlla attempted to rt reach a place of aafaty when tha leoond shot waa fired. Tha record l tha court's ceaclualoa that tha defendant acted from angar rather than In dafanaa of himealf or Mi fathar. In addition la the charga of manslaughter hereinabove discuined, the defendant was also chargad with a aacoad offensa which waa chargad la tha following languagai "That oa ar about the ZZad day of February, IfTS, Rubaa it: Contains did attempt ta unlawfully cauaa the death of another, Lloyd L. Wyatt," Wa are of tha opiates that tha aacoad charga ta not wall pleaded In that it doaa not Inform tha defendant tn ordinary, conciaa language of tha pro. claa eatura of the charga against him. It appaara that tha prosecutor Intaadad to charga tha defendant with an attempt to commit ejtoralcida in general terms aad without specifying dagrna or natnra tha roof. Homicide is defined 1, U.C.A. 19SS, aa amended, as follows: by Section A pareoa commits crimiaal homicide if ha intentionally, knowingly, racklastly, or with criminal ragllganca unlawfully cauaua tha death of another. The alamaeti of crime of attempt era aat forth in Suction which reads aa fallows; For purposes of this part a person la guilty of an attempt to commit a crima If, acting with tha Mad of culpability otherwise required for tha commission of tha offansa, ha angagas In conduct constituting a substantial step toward commission of the offsnsh. It la quits apparent that tha language of the aacoad charga is so vagus and uncertain that It fall to state a public offoaaa and thn decision of tha court below finding the dafandant guilty of the ascend charga ta reversed, Wa ara of tha opinion that the court's finding and determination that tha dafandant waa guilty of manslaughter la supported by tha record, and tha aama is affirmed. WE CONCUR; CROCKETT. Justice; (Concurring, dissenting in part) I concur tu affirming tha conviction an lha first count. But as to the U. C. A. 1953, second, I make this observation) Our statute Sac. providaa: (1 ) Tha information or Indictment may chargs.aad Is valid and aufficlant If It charga lha affaaaa la ora or more af tha following Ways: (a) By ualag tha name gives ta tha offansa by tha common law or by a statute. (b) By stating as much of tha dafiaitiou of the offansa, either in terms of the common law or of the statute defining tha offanea, or fa term of ubetant tally tha same meaning, as la aufficlsat to give the court and tho defendant nolle of what offanea is Intaadad ta be chargad. Sac. sets forth rlmplified farms for charging various offenses including: Manslaughter - A. B. unlawfully killed - C. similar brief charges, a. g. : and other No. I MSS Murder A. B. murdered C. D. J. Maughaa, Justice Rickard F, Hear! Hanrlod, Chief Juetics -- ... I there fora think that tha charga la tha aacoad count la aufficlant; and that any further information thought necessary or desirable far tha dafanaa could have beau obtained by appropriate motion or request far bill of particulars. ; 2- IN THE SUPREME COURT OF THE STATE This simplified farm of pleading la aufficlant to Inform a dafandant of tha charga aad to satisfy tha requirement of the Utah Constitution, Art. 1, Sac. 12. " . . . tha accused shall have tha right to demand tha nature and cauaa of tha accusation agalaat him, and to have a copy aaa State v. Avery, 102 Utah 33, 123 P.2d 103; State v. 'thereof .' . Landrum, 3 Utah Zd 372, 2S4 P. 2d 693. D. Consolidated Services, Inc., a Utah corporation; Duane M. Campion and Csylt Campion, Plaintiffs aad Appellants. OF UTAH No. 14039 FILED December 19. a Utah corporation; and Barbara Janaaa Interiors, a Utah corporation. Defendants and Raapandanta. 1975 FMA Leasing Company, Allan E. Macham, Clerk Ellatt, Justice, concurs in tha opinion of Mr. Juatlco Crockett. HENRIOD. Chief Justice) Appeal from lha dismissal of aa action brought by Campions, Lessees, involving n furniture lease. Affirmed with no cons. hi October. 1970, Campion purchased furniture from Barbara Janaaa Interiors, half tha purchase pries af wMch waa being financed by defendnnt Lneeor, FMA Leasing. An argument cnirad between Campions and Interiors. The farmer advised FMA aot to make payments to Interiors until further notice. Interiors sued Campions for tho price, but the latter, nonctheleie, paid FMA tha commitment fee (tha first aad last installments) anyway, in accordance with tha term of tho laaaa. Thereafter they also paid five mar monthly payment! (totalling 64, 156. 16) white the suit waa pending- - Interior a obtained a judgment against Campions who, about throo year talar, iu Dacambar, 1973, oa tha ground of unjust enrichment and lack of consideration, sued FMA to racovsr tha payments theretofore mads themes about these deserving people. Details of the Ability Counts" Research Writing Contest have been mailed to every high school in the state for the guidance of under tha 4 contract. Bcltevabla evidence indicated that FMA already had paid a lending bank Sl.600.00 into rest (or the finance money. Incurred 6900.00 accrued handling charges aad may have raftered a potential 610,000.00 loss arising th out of broach of tha contract, for aarvicing the laasa over a period, interested students. as basis for a counterclaim. The trial court found that tha Campion bra achad tha existing cox-tra- ct and granted FMA'a motion to diamisi, refusing to grant any relief oa lha counterclaim for bilura ta pursue and proun any specific damages. There wara other bets before lha trial court that mad no detail hare amply supportive of lha judgment, - sufficiently reflected from Campions' own admissions of contractual liability and branch, - irrespective of that adduced by FMA, WE CONCUR! A. H. Ellatt, Justice J. Allan Crockett, R. L. Tuckett, A will has the power to do marvelous things. Like taking care of your family In your absence. And assuring that your estate wont be tied up for months unnecessarily In probate court At First Security Bank, our Trust Department has the knowledge and experience to work with you and your attorney to set up and administer a practical estate. It's all part of being a full sendee bank. For all details on how we can help you, just can up and ask. Trust First 350-536- 1 -- 1- MmtorFDlC. Justice Richard J. Maughan, Justice Christopher Adds Magic Touch to Planetarium Department Dank Security of Utah, NA No. 14085 Justice J January continues the Hansen anniverPlanetariums tenth-yea- r as celebrations Christopher sary the Magician (Chris Fair) presents a special magic show in the Star Chamber following the 8:00 p.m. star program, "Journey to the Planets" January 17, 24, 31 and February 4. Christopher the Magician has become increasingly popular among Salt Lake audiences in past months. He has played at the Human Ensemble Theater, has appeared with John Prince on the Take 2" television program in Salt Lake City, and has also performed at Disneyland in California. His performances at the Planetarium will include a special guest, Maggie the Rabbit, the most liberated magician's assistant ever. She wants to become a magician. Christopher's specialty is presti that digitation, sleight-of-han- d hand is that the proves quicker than the eye. Sit up close and see if you can follow the magic hands of Christopher. Journey to the Planets, the January star show, is especially enjoyable to younger people. A full evening of family entertainment is available with the star show and Christopher the Magician on the dates listed above. |