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Show 0 I PAGE THE DAILY RECORD WEDNESDAY, APRIL 26, 1972 THREE I Mortgages 543 Berger Winterrose to Lake view Corporation, Michael Giovacchini etux to Am. Equity, 952 Lynn F. D al etux to Federal Bldg b l oan, 962 General Service to Dee R.'Hulse etux, $6500a 969 Apollo Enterprises to . State of Utah, Plaintiff and Respondent, $15200.00. Ranald M. Wooley Jr etux to Ford's Finance, 847 $3375. OR Tr, 223 Mtge. Invest. Co. Inc. to Elmo R. Yates etux. Francisco Muniz etux to The Galligher Em. Cr. Gustaf E. Dahlberg to Richard A. Dahblerg. 228 $1600100. 729 Roger W. Oviatt etux to Am. Savings b loan, $5065.92. 243 Fleetwood Constr. to John S. Snow. 730 Gerald O. Stutz etux to American Savings, $2, 250 732 738 749 Ride- Utah Invest, b Trust A. Jensen etal. Coral to Lamont Tate etux to American Savings, $1, 435.32. p L. F. Shaw etux to Earl L. Marshall Jr. etux. Jack A. Daniels etux to American Savings, B. R. Jensen etux to 254 WE CONCUR: L. F. Shaw etux. 256 Bohen Const. Co. to G. H. McGalliard etux. Dan ?upan etux to Am. Sav. $2029. 8R 2449- E. R. Callister, Jr. Speck Construction to Dennis W. Gutke etux. ET.T.F.TT, Justice: 1 Adam J. Guthardt to LeRoy B. Erickson etux. 280 Levi L. Dunn etux to Prud. Fed. Savings, Research Industries to Frederick M. Paulson etux. J. Scott Wagner etux to Federal Bldg, b Loan, 291 P. G. Venderhooft etux to Ethel Howard et al. William Shirl Weners-tro- m etux to Am. Eq. $i62oaoa 292 800 832 R. M. Sperry etux to DeMeade H. Austin etux. 294 Jb P Rentals to K. R. Richard D. Hadley to Kool Breeze Alum, $1578. 6R to G. W. Hughes etux. 873 John C. Brewer to National Finance, $64- - 2449187-1- Freed Corp. to Har- Household Finance to Betty T. Marshall. 195 $2ooaax to David Ray Swanson etux, $5711.75. - 88 low A. Leavitt etux. Warr Construction to Leland F. Warr etux. Western Sav. b Loan to 198 R. L. Sains bury etux. i cora-pulso- bus Inf of Does this case mean cross-tow- n school children in Salt Lake City? Could the Courts order your child In an Eaat Bench or Avenues School to he bused to an Inner city school? Now, JURISTICS Tapes bring you the landmark school busing decMna, Listen to the ruling and find out how It applies to Salt Lake City residents. Hear the introduction, opinion and conclusion on the most important and controversial decision ever regarding school desegregation. JURISTICS has already gone to all the work to save you the time it would take to make an study of this This case. tape is vitally important and convenient easy to use, extremely a busy with man the for especially schedule. th To cover this contingency the court instructed the jury on the law of and aiding abetting as set out in the statute. 1 It ia this instruction which is the basis of the claim of error on this appeal. Whether the appellant did the stealing or aided or abetted hia brother Bob would matter not. actually In either-evenhe would be guilty of the crime of grand larceny. lime! ORDER TODAY AND SAVE JURISTICS, INC. Tha Daily Racord 1397 South Main Salt Laka City, Utah 84115 1 1 i 0 Ellett. Crockett, Justice, concurs in the dissenting opinion of Mr. Justice can be played in any cassette player. Just slip it in and push a button. Play it in the morning while you are getting up, or in your car while .commuting to work, in your office, while traveling, or at any time when you are not mentally d. 5 ,r 0 HU0 Sales Tax . Total end. SEND TO: I I I 1. Section U.C.A. 1953, provides: "All persons concerned in the commission of a crime, either felony or misdemeanor, whether they directly commit the act constituting the offense or aid and abet in its commission or, not being present, have advised and encouraged its commission, r . . are principals in any crime ao committed." Name Addres- sCity . MI Norelco tape recorder It t It aeems to me that the evidence, direct and circumstantial, together with the reasonable inferences to be drawn therefrom, is amply sufficient to justify the finding made by the jury that the appellant stole the rifle, and the verdict should be affirmed. 1 Gantlcmcn: Im interested in your rases tta tape on the school busing case. X understand I can also purchase a Norelco Model UN tape recorder (suggested list StB) for the weeW pcrfJMlJ. fneloatcT ITSy djecdorT cesette tapes am unable to concur in reversing this caae. Under the evidence of this case the jury would have to find that if Bob stole the rifle, he did so during the time Mrs. Peterson was in appellant's apartment. Since appellant was going in and out of his duplex, he would moat likely know if Bob waa about the place; and furthermore, since it waa he and not Bob who knew about the rifle , it would be reasonable for the jury to bdlieve that if Bob itole the rifle, it would be with the assistance of the defendant. ry M lime Into Learning (Dissenting) There waa no other evidence to indicate that Bob had stolen the rifle. However, if the jurors should believe that Bob gave the rifle to the appellant, then they could believe that it waa Bob and not the appellant who did the actual stealing. On April 20, 1971, the U.S. Supreme Court ruled in favor of ecklen burg Board school busing in the Stcann vt. C h arlot te-of Education case. Turn Wasted R. L. Tuckett, Justice Both appellant and his fiancee testified that as aoon as Mrs. Peterson went back to her ppartment around 3:30 or 4:00 p.m. , they went shopping, and when they returned at about 6:00 p.m. they saw appellant's brother Bob in the vicinity. Neither witness amid Bob had the rifle. Appellant further testified that Bob save him the rifle and asked him to sell it. He said that Bob had on prior occasions requested him to sell weapons but that he had always refuted to do so. Mortgages Release 8a oa Berger Winterrose J. Christensen Con. G. 299 868 2448- 951 Tevita M. Vaenuku Kling etux. Cottonwood Real Estate to Equity Realty, $2000 950 293 . etux to Siosaia Naeata etux. Larry A. Peterson etux to Am. E uity, $1585a Chief-Justic- e Mr, Peterson owned a valuable rifle which he kept in a closet in his home. The rifle waa there when he got hii coat to go to work in the morning and 'was missing when he returned in the afternoon. Hia wife waa in the house all day long except for a period of approximately thirty minutes, when at the express invitation of appellant's fiancee ah went into the adjoining duplex for coffee. The appellant waa then living with hia fiancee and waa in and out of the apartment Several times during the visit of Mrs. Peterson. The Petersons had a small dog which barked at people. The appellant knew the dog and had on prior occasions played with it. The appellant hlso had been in the Peterson apartment and had seen Mr. Peterson cleaning the rifle. As aoon aa Mr. Peteraon observed that the rifle waa missing, he and hia wife accosted the appellant and asked if he had observed anybody about the Peteraon apartment. The appellant said he had not seen anybody. Three days later the appellant sold the rifle for $50, claiming it had belonged to his grandfather. This evidence was sufficient to xuatain the verdict of guilty of grand larceny. 285 $l650a oa , - 258 Calvin Craig Stocking etux to Farmers Home Adm, $nioaoa 798 The caae is remanded for a new trial. 253 $7094. 4R .766 76-1-4- 252 $3442.56. 733 Equities Inc, to To convict one of larceny by aiding and abetting, under Title 4, Utah Code Annotated, 1953, the state must prove that a larceny has been committed, since one cannot aid and abet oneself. No one was proven guilty of larceny except the defendant, and since there was no evidence of any aiding and abetting (as often there is in cases where one aids and abets the commission of larceny), an instruction under the particular facts of this case was confuting and unnecessary, - and in our opinion, contrary to that of the state, it waa prejudicial, - and we ao hold. out Inv. 097.6a 731 L. M. Cummings, Clerk Pacheco was convicted of stealing a rifle. On appeal he aays the court erred'in giving an instruction on aiding and abetting. We agree and reverse for that reason. It was conceded that there waa no evidence of aiding and abetting, but the state aays the instruction was hotprejudicial. It seems almost axiomatic that instructions must bear a relationship to evidence reflected in the record, and we cannot enjoy the luxury of sustaining a conviction on trite aphorism unsupported by any kind of Evidence. Warranty Deeds Efren A. Gallegos etux to Valley Bank b Tr. $2611.44. 727 11, 1972 Ut. State Emp. Cr. Union, $3 505. 6a $7056.00. 724 April HENRIOD, Justice: R. M. Lunnen etux to 007 R. Clyde Collard to Am. Savings b Loan, 719 . - 2449- $1062. 5tt FILED Ted Pacheco, Defendant and Appellant. same as 969. 971 Rural & Recreational to McGhie LandTitle, No. 12589 (On Rehearing) v. Fairclough Brewer, $2505. 6R 677 . $15288. 25. $17700.00. 582 In The Supreme Court Of The State Of Utah State Zip I 76-1-- 44, 1 ff ,, i' t ..f |