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Show THE DAILY RECORD FOUR PAGE Water Service Agreements S. DeLaun E.Hscher 215 Wilmington gar. 16704 Hubbard MA: 578 3rd Ave 271 $18,000, SFD, brk, fr. 0 n Richard A. Snyder 135 N. 300 E. Owner 750 E. Owner 16707 $17,000, SFD, brk, fr. gar. bsmt. Lot 27, Blake Heights, rough Western Tecton, 5586 Lolene Way Cont: Al Moore Bldg. 200 16716 $20,000, SFD, brk, rough bsmt. Lot 22, Major Enterprises, 6776 S. Enchanted Dr. N. Owner Ralph Habey 112 E. 2600 S. Reiter On 16717 16J 275 Mill 16718 Street Renter $16,000, SFD, brk, fr. art. dbl gar. fin. bsmt. Lot 15, Enchan- Chaidler Lli5l On Sandra M. N. 200 W. 6 $2,000, brk, fr. gar. only. Lot 22, Major Enterprises, 6776 S. Enchanted Dr. Rater 781 E. 6740 On Dennis Chamberlain 396 S. Renter On Ronald Bremer 79 700 N. Renter At the time the sample was produced in court the pill bottle had been unsealed and some of the markings on the plastic bag were obliterated. The sample ii now before the court ae State's Exhibit No. 2. Dr. Swensen, who made a chemical analysis of Exhibit 2, testified that his examination revealed that the substance was amphetamine and probably methamphetamine. He also testified that d -- methamphetamine and are optical isomere of each other. Dr. Swensen stated that the "d" and "1" configurations have identical chemical properties except for optical rotation, and that both are stimulants . ted Village, Major Enterpirses, S. Renter 16719 $16,000, SFD, brie, fr. fin. bsmt. Lot 19, Enchanted Village, Major Enterpirses, 755 E. 6740 S. W. 16720 $2,000, SFD, brk, fr. gar. only, Lot 19, Major Enterprises, 755 E. 6740 S. S. 1500 E. On & Off 1139 Owner Off Donald Wordleman 280 S. U25 W. c- -2 Renter Off Harry Wesche 1836 Springcreek Off Doran Rhoads 72 S. 200 Id Renter ted Village, Major Enterpirses, 675 S. Enchanted Dr. W. Off Donald H. Peterson 17 E. 1x00 N. -ll Renter 16722 $16,000, SFD, brk, fr. rough bsmt. Lot 17, Enchanted Village, Major Enterpirses, 767 E. 6740 S. , A- 16723 $2,000, SFD, brk, fr. gar. only, Lot S. L. County Building Permits NOTE: SFD dwelling $12,600, SFD, blk, fr. sgl carport, rough bsmt. Lot 5, 16693 Meadow Mgts, United Homes Inc. 4381 S. 3760 W. Cont: Mt. West Const. 16694 $47,000 Comm: 4 plex. Lot 25, Lake Park, United Home Inc. 1755 W. La ke Park Dr. Cont: Mt. West Const. fr. 24 unit apts. Cobble Creek Bldg 7 & 6, Richard Prows, Inc. 5255 S,. 1300 E. 16696 17, Enchanted Village Major Enterpfoes, 767 E. 6740 S. 16724 Single family 16695 $196,152. Comm: $130,680, Comm: fr. $20,000, SFD, brk, fr. att. carport, rough bsmt. Lot 16, Enchanted Village, Major Enterp rises, 773 16725 $20,000, SFD, brk, fr. att. carport, rough bsmt. Lot 21, Major Enterprises, 6764 S. Enchanted Dr. 16875 $800, SFD, fr. shed addn. duplex, VeraM.S. Day, 1910 & 1912 E. 4500 S. Cont: L.H. Maddot. 16877 $20,500, SFD, brk. dbl att. gar. rough bsmt. Lot 229, Oakcliff. Egbert & Sons Const. Oak Terrace 4811 15890 $5000, Comm: office addn. unit apts. Cobble Creek Bldg 5 , Richard Prows Inc. 5255 S. Maurice Baker, 1760 W. 4805 S. 1300 E. 16891 $132,000, Comm: br. State. 7219 S. 16698 $47,000, SFD, brk, rough bsmt. Lot 31, Ponderosa Ests. Crus. Bors. Const. 7744 S. II30E. White City, J Lot 15, 891 16699 att. carport, rough bsmt. BOCK COLLECTORS FREE PIECE OF HAWAIIAN LAVA ROCK. $14,000, SFD, fr. att, carport, rough bsmt. E. 10515 AUTHENTIC & K Const. & K Lot 25, Ent. 10532 E. HAWAIIAN TREASURES $14,000, SFD, fr. sgl att. carport, rough bsmt. Lot 3, White City, J & K Ent. 1056 Crocus P. 0. BOX 1066 HONOLULU, HAWAII 96816 $48,000, SFD, brk, fr. att. gar. fin. bsmt. Lot 7, Van It shall be unlawful for any person to manufacture, compound, process, possess, have under hie control, sell, prescribe, administer, dispense, use or compound any depressant, stimulant, or hallucinogenic, or other drug, as defined herein, Cott 2735 E. 6206 .... -6 It ie also noted that the word "aale" ae used in Section is defined in which Section defines a sale as including order, exchange, transfer, give, convey, etc. 58-33- h), 16894 16895 -1, $14,000, fr, SFD, sgl White City, J Crocus. St. dbl 58-33- S. Send $1.00 for postage and handling to -m- 1), sgl $17,000, SFD, br. rough bsmt. Lot 29, Ponderosa Ests. Crus. Bros. Const. 7772 S. II30E. The other claimed error upon which the defendant reliei for a reversal ie that the statute under which the charge was laid proscribes only dl ethamphetamine and that the State had the burden of proving the substance in question -was dl methamphetamine to the exclusion of any other substance. Section U.C.A. 1953, as amended, defines a stimulant drug in the following language: (2) Any drug which contains any quantity of (A) amphetamine: dl -- methamphetamine, or any of their optical isomers; or any (B) any salt of amphetamine: salt of an optical isomer of amphetamine: or (C) any substance designated by regulations promulbecause of ite gated under the federal act as habit-formistimulant affect effect on the central nervous system. Section U.C.A. 1953, setting forth the proscribed acts, ip in the following language: 16892 16893 The ruling of the trial court in this regard will not be overturned unless there ii a showing of an abuse of discretion. The record in this case does not reveal an abuse of discretion. changed. ng $3000, Comm: gas regulator station, Mt. Fuel Supple, 6 unit apts. Richard Prows Inc. 1525 E. Vine St. 2 E. 6740 S. 12 16697 ting Exhibit $16,000, SFD, brk, fr. dbl ott, gar. fin. bsmt. Lot 20, Enchan- S . On appeal the defendant contends that the trial court erred in admitin evidence inasmuch ae the chain of custody had not been sufficiently shown from the time the substance had been obtained from the defendant until it was produced at trial. In respect to this contention the record reveals that each of the persons who had custody of the exhibit one time or another testified to their possession and their disposition of it until it was finally offered in evidence. Before a physical object or substance connected with the commission of a crime is admissible in evidence there must be a showing that the proposed exhibit ii in substantially the same condition as at the time of a crime. The circumstances surrounding the preservation and custody of the article and the likelihood of tampering are factors to be considered in determining its admissibility. If after consideration of these factors the trial court ie satisfied that the article or substance has not been changed or altered, he may permit its introduction into evidence. While it ii the duty of the court to make the first determination, the jury may disregard the evidence should they determine the custody of the article or substance has not been sufficiently shown, or that it has been alt ered or . 16721 Owner -4 On the evening of March 2, 1971 Jonette Cserny and Daran Carr met the defendant and one Edelman at a restaurant in Provo, Utah. Carr was a member of the Brigham Young University Security Police and he and Miee Czerny were there with the expectation of obtaining drugs from Edelman. While at the restaurant a transaction took place which involved the paeeing of currency under the table where it was received by the defendant. In exchange a plastic bag was delivered by the defendant to Carr which contained a substance which was white in color. Carr and Miss Cserny drove to the B. Y. U. police station where the plastic bag was turned over to another officer by the name of Farr. Farr placed the packet in a clear plastic pill bottle and sealed the same with a piece of Scotch tape on which he had placed his initials. Farr then placed the bag in an evidence locker. The following day Sgt. West of the B.Y. U. Security Police removed the item from the evidence locker and after initialing the tag which had baen attached by Officer Farr, he placed the item in the main evidence locker. Some six days later. Officer Farr delivered the item to Dr. Albert Swensen of the Brigham Young University Chemietry Department, and it was thereafter placed in Dr. Swensen'e safe. The item remained in Dr. Swensen'e safe until he removed it for the purpose of making a chemical analysis. E. Countryside Dr. Jensen L. M. Cummings, Clerk The defendant was found guilty of selling a stimulant drug in viola and 6, U. C.A. 1953, ae amended. The defendant tion of Section ie here seeking a reversal or, in the alternative, a new trial. 16708 $2,000, SFD, partial bsmt finish, R.E. Armstrong, 1761 Gary Price 180 N. c. Jenson June 28, 1972 TUCKETT. Justice: Lot 20, Blake Heights, gar. rough bsmt. Western Tecton, 5605 Lolene Way, Cont: Al Moore Bldg. ' W. FILED Thomas B. Madsen, Defendant and Appellant. $17,000, SFD, br, fr. 16706 Wood $$6 E. 1130 N. Owner Maeser Mabey 152 No. 12700 v. 58-33- W. 200 E. The State of Utah, Plaintiff and Respondent, Bldg. Hook-Up- s On R. Lynn 9, Blake $18,000, SFD, br. fr. gar. rough bsmt. Lot 19, Blake Heights, Western Tecton, 5591 Lolene Why, Cont: Al Moore Bountiful Electricity On Martin N. 200 E. Lot 16705 A. R, Triplett, Jr. 1179 Buccaneer MA: 943 Oak Hill Ave Hagerstown, Md. Ox. bant. rough bsmt. Lot 17, Blake Heights Western Tecton, 2525 Blake Dr. Cont: Al Moore Bldg.' 1st Sec. Trust Co. 3369 Highland MA: 1st Sec. Trust Co. Box. 390. On W. rough Heights, Western Tecton, 5633 Blake Dr. Cont: Al Moore Bldg. Michae Circuit Vern In The Supreme Court Of The State Of Utah $15,000, SFD, brie, fr. 16703 Afton D. Seeley 1213 Wilmington On L County Building Permits WEDNESDAY. AUGUST 2, J. The offense charged against the defendant clearly comes within the prohibited acts set forth in the statute above referred to and within the definitions therein. A careful review of the record fails to disclose errors of sufficient gravity to compel a reversal. The verdict and judgment of the court below are affirmed. Douglas Bowers, S.7, 1. Utah Farm Bureau Ins. Co. v. Chugg, 6 Utah 2d 399; 315 P.2d 277; Galleao v. United States, 276 F. 2d 914; United States v. Stevenson, 445 F. 2d 25. - 171 |