| Show SU REME COURT OPINION TODAY Willard Hutchins Convicted of Burglary Is Given New Trial EVIDENCE WAS INSUFFICIENT Tn 10 Iho Being round Guilty Guill Therefore Judgment Of or fount l II Tho rho supreme court today loda down Ilon nn opinion the Judg Judgment Ju ment lII nt of ot tho lower court In lu tho cue ot 01 Iho State of ot agaInst Hutching reman the tho case to the lower court with Instructions n to grant a n now trial was con convicted of oC burglary In Utah Ut h county and andas was as sentenced to 10 a 1 term In tho atilt prison oll On all appeal tho Iho contention wai AI raised that the evidence was as to warrant a 1 conviction This conten contention tion Is sustained by b the supreme court Will charged with burglar burglarizing izing a n chicken house hOll o belonging to Kar Karen en en Jensen Jeneen of ot Pleasant Or Grem con on the night of ot Dec 19 10 loOt 1004 The evidence mowed that a II barn adjoining the chick chicken en ell hOUI was IR destroyed by Ore fire on th lh night In III question and the only evidence against the defendant wae Willi that Ihal he had been blell seen Blen driving along a nearby roar road about the time tho fire occurred It 11 was liS not nol shown that ho had any chick chickens chickens ens In his buggy or the buggy had hAr been at the th acene of oC the fire An officer cr testified that Hutching admitted his guilt Built find and wanted to 10 plead guilty tt tc relit petit larceny and pay for tor the chickens In order to 10 avoid prosecution for tor 11 ry Hutching proved provell by hy the evidence of ot othis his wife and her mother mol her that he was 1111 at tho Iho home on tho Iho In ques qUIS question tion Chief Justice Hartch In del er erIng Ing th opinion of tha supreme court holds that th Ihl evidence was wall Insufficient to warrant u II conviction further that the evidence was Insufficient to 10 prove tho crime charged had bell been committed by tiny nn one Olle All to 10 the ver verbal bal Ilal admission of ot guilt on the part of or the court holds that It should have been with great as aK the memory of ot the might have been defective dM In regard to the statements made by the accused The Tho Judgment of ot the lower court courll Is re reversed reo versed and a 1 new Irla ordered Jus Justices tices McCarty and ond concur In the decision |
