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Show vra'x 35?C ,.7-- " mmi 'tiiililT ilnfiwmiiii THE SALT LAKE TIMES FRIDAY, MAY 21, 1976 m fmniUl Page Three Utah Supreme Court Opinions IN THE SUPREME COURT OF THE STATE OF UTAH ditions or ia a manner calculated to endanger health, life, limb, or properly, Emphasin added.) ... 5tta v- of Utah, Plaintiff tad Respondent. It is quite ebvioua from tha definition abava referred to that an infernal machina doae not necessarily consist of a package, baa, ar other contrivance with a timing device inch aa a clack. Tha dcvico used la tbi caaa ceacistad of an axpleaiva, a blasting cap, and a length of fuaa which whan uaad provided a lepsa of lima. Tha device uaad cornea praciaaly within lha definition refer rad to above. Tha record amply eupporte the charge alleged ia tha information aa eat forth in Section No. I4SOO FILED - April ZS, 1974 Robert Maseon Vickere, Dafandant and Appallant. Allan C. Macham, Clark Tha crime af araoa is defined by lha provlaiona af Section amended, lha pertinent part of which ia la tha following teaguago: U, C, A. 1951, a TUCKETT. Jmtica; found guilty in lha Diatricl Court of Waahintou Tha dafandant County of tha crima of placin an infornol machino in violation of Section U. C. A. 151, ai nmonded. The dalandaut ia har seeking a ravaranl of the vordict and aantanco of the court. AT YOUR STATE LIQUOR STORE KENTUCKY In the early morning houra of March II, 1975, ia lha town of Waah-ingto- n, the defendant attached two eticke of dynamite to the rear bumper of an automobile owned by Phillip Hartley. Attached to the dynamite wee a detonator and a fuaa. Tha defendant lit tha fuaa and dapartad from tha acaaa. Dafandant had a change of heart and returned to the automobile with the Intention of diamantling the eaploeive. An explosion occurrtd aa tha defendant wee in lha act of removing tha charge of dynamite and ho received aerioua injuriea. Tha Hartley automobile waa damaged in tha aum of S975, aod tha Hartley home waa damaged ia lha appronimata aum of MOO. Defendant doaa not diapute tha evidence produced by tha State and hi teetimony at tha trial tandad to eupport the charge againat him. BOURBON WHISKEY 8 Years Old ' Available in Fifths Me Boston 80 Proof Fifths, Quarts, Miniatures C?62u Pints, Fifths Mr. BOSTON g Mr. BOSTON HT RUM VODKA 2nd Best Selling Rum in the Proof Control States Available 80 Proof jArBOSToi, Available in Quarts. Fifths, 1 r. Haarl Honriad, Chief Juatics A. H. J. Alia Ellatt, Justice Crockett, Juallc T! State v. Wool man, 14 Utah 23, 11 P.2d 640; Whertoa'a Criminal Lew 6 Proe., Vol. 5, Sac. Z099. Na. 14100 -- 2- Affirmed, Inaamuch aa dafandant hae not aubmitted itaelf to the juriadiction of our court la eak for affirmative relief, no costa ar awarded. No. 14292 FILED May 5. 1976 Allen E. Macham, F. Hrnri Hvnriod, Chief Jualic Clark Mr. BOSTON TEQUILA BLACKBERRYI FLAVORED Imported BRANDY From Mexico Jualic: Plaintiff, Caw Rental Co. , appeal from the granting of a motion to upon defendant Whaien 6 Co. , of Montana, quash attempted service of summons statute. 1 under the loag-arFrom its Salt Lake City bustnae. plaintiff, a Utah corporation, aella and rant heavy construction and mining equipment to customer in thia auta and throughout tha intermountain area. Since 1962 defendant he a bean ana of its customers to leasing and purchasing some of its equipment. Thia particular auit aroaa out of an agreamant by telephone call from tha defendant ia Montana' to loose a front-en- d loader which was shipped to defendant's Montana job ait ia accordance with I he defendant' instructions. Thereafter a diapute (dalaii not material hare) aroaa between the parties and tha plaintiff initiated thia anil. The activities raltad on by plaintiff to give the Utah court jurisdiction ara act forth ia ill brief: That dafandant called plaintiff by telephone and the rental or purchase of equipment on the average of fiva times a year for tha past ten yaari. Plaintiff would ahip tha equipment f. o.b. its officaa in Salt Lake City, and bill defendant, who would pay by mail. Thia particular transaction was entered into by a telephone call in the customary manna r; and further, tha defendant's president, Jarry Whalen, was in Salt Laka City to diacuaa their business dealings on one occasion in 1973. The trial court agreed with the defendant's challenge tn tha Utah on the ground that tha foregoing (acts did not show sufficient activities or business praeeaca within the state of Utah to subject it to tha jurisdiction of our courts. court's juriadiction It is our opinion that (airnaaa and good conacienca domand that wa of other state who desire to make purchases bars, ar who may viait hare or engage in any kind of transitory traaaactions, tha earns protectioas from possible harassment by long distance lawsuits aa wa aspect to be accorded aur citiaeni in atmiUr circumstances ia aur siatar states. Accordingly, the requirement of the statute of (ha "transaction of buainaaa within thia slate" ia that the defendant has engaged ia some substantial activity with some degree of continuity within our auto. accord to citizen! 70 Proof 80 Proof Available in KACXBEUT BRANDT MAUGHAN. Justice: (Dissenting) Tha reaaona for dissent ar adequately stated in my dissenting P.M opinion in Union Ski Company v. Union PU sties Corporation. (Utah, March 31, 1976), to which referent is mad. , Appropriate also is the following atatemant from 27 A.L.R. 3d, Juriadiction Over Nonresident, Section 3, page 411: . . . However, it can b slated aafely that in moat jurisidetions lha trend ia toward aspanding juriadiction over nonresidents. It has baaa said that thia trend toward liberality is creative of a "minimum contact" rule aa praraquiaita to the aaarcia of power over aonreaidant defendants. Under atalutea predicating jurisdiction on tha trana-actio- n of "any" business or merely on ' transacting business, " it has beta held that lha volume at buainaaa darn by the nonresident in the forum state ia not the only method by which the necessary contact! can b established. Moreover, tha court! have recognised a distinction between activities of a foreign corporation which will bring tha corporation within the jurisdiction of tho local court, and activities necessary to aubjact the foreign corporation te domestication. Thia latter dictiaction, I believe, we have net made; and, ia not doing an, have saddled raaidarta with burdrna not anticipated by our statute. Thia cue ia vary similar in pertinent anpects te tha recently decided Union Ski Co. v. Union Plastics Corp. , P. Zd (Utah, March 31. 1976), .in which wt affirmed the trial court's diamiaaal for lack of juriadiction of a suit for breach of contract by a Utah corporation againat a California corporation. A comparison shows that the defendant her had even leaa activities statute could properly within this stela upon which service under the long-arba based. Tha principles sat forth in the Union Ski cast are controlling her. 1. U.C.A. 1953. Section -- 2- MEDEX Students Score Highest In US Graduates from the University of Utah sponsored MEDEX Project, a physicians assistant training program at the medical center, scored highest in the nation on their 1975 certifying examinations. Students representing 52 training programs, ranging from one to three years in length, took the exam from the National Board of Medical Examiners. Project Deputy Director Bill Wilson said he felt the Utah graduates' success is due in part to the way they are selected and trained. We only accept students who already have extensive background and experience in primary care medicine, Mr. Wilson said. Many are former military medical corps-meand we are taking an increasing number of registered nurses. We also look for students with rural backgrounds, and we insist that our graduates be willing to live -- flavored R. L. Tuckclt, Justice k Gallons. Mr. BOSTON Available in WE CONCUR: -- Whalen li Company. Defends nl and Reapondent. CROCKETT. Available in in in Tha verdict sad judgment of the court below i affirmed. A. H. Elicit, Justice Proof y 80 It would have baaa error for tha trial court to aubmit tha crlrnt of arson te tha jnry aa It la not nacoiaarily so included offonaa within tha crimt chargad ia tha information, and tha information doaa not state sufficient facta to embrace tha crime of arson. in tha IN THE SUPREME COURT OF THE STATE OF UTAH v. DRY GIN Available VHli' Tha jury may find tha dafaadaal guilty of any offaaso lha commie a Lou of which ia aacaiaanly Included ia that with which ha ia chargad In tha ladlctmant ar Information, ar of an attempt to commit tha offense. WE CONCUR: 6 Years Old ia aa follow! Richard J. Maughaa Cete Rental Company, Inc., Plaintiff and Appellant, LONDON A Blend CAIADtAN ia defined by Section ooOoo DELUXE The property of another. While thara ara limilar alamaata defined ia tha araoa atatuto and that of placing an Infernal machina, lha crima of arnon i not included within lha tarma of tha atatuto wharaiu tha dafandant ia chargad. Tha matter af Included effaaea la covered ia part by Section U. C. A. 1951, which provide Aa infernal machina la any boa, package, contrivance, bomb, or apparatue containing or arranged with aa explosive or acid or polaonoui or Inflammable eubatanct, chamical, or compound, or knife, loadad pistol, or gun, or other danger-ou- e or harmful weapon or thing, constructed, contrived, or arranged ao na to explode, Ignite, or throw forth ill contents, or to etrlka with any of III part, unexpectedly when moved, handled, or o parted, or after tha lapse of time or under con WHISKY 80 (b) Every peraon who dolivora or cauaea to be dalivorod to any taprtaa or railway company or other common carriar, or to any parson, any infernal machine, knowing it to ba such, without informing lha common carrier or person of tha nature thereof, or sends it through tha mail, or throw or placaa it on or about tha premiaea or property of another, or in any placo where another may ba injured thereby in hia paraeu or proparty, ia guilty of n felony of tha second dog roe. The term "Infernal machina following language: Mr. BOSTON CANADIAN ar On appeal tha dafandant claim that tha court below arrad ia failing to grant hi motion to diomlai the charge of placing aa infernal machine aa alleged In tha information on the ground that the evidence failed to tablieh that charge. Ia thia regard the defendant cantandn that tha charga of dynamlta uacd by him waa not aa infernal machine aa contemplated by Section U. C, A. 1951, the atatuto under which the charge waa laid. That aectiau of tha atatuta ia aa fbllowe: 86 Proof FIVE STAR (a) Any property with intention of dafraudiag aa iaaurar; At tha conduaion of the evidence defendant requeued tha court to Inetruct the Jury that should they have a raasoaabla doubt aa to whether or not the Stole had astabliahad tha alamaata of tha crima chargad him, they hould consider whether the defendant waa guilty of tha crima of araou. Tha court rofuood to so Inetruct the jury. TAVERN HfWUlIgBOUlfO A peraon la guilty of araoa if, under circumalaacaa not amounting to aggravated araoa, by maaaa of flrt or oapto-iva- a, ho unlawfully and intentionally damage: Qts. Fifths. n, Products of Glenmore Distilleries Company and Mr. Boston Distiller. Ga . Boston. Mass . Owensboro. Ky Albany. and work and medically underserved areas of the state and region. Medex," as Utah MEDEX Project graduates are called, receive one year of training divided into two phases. Dr. Richard Segal, project medical director, said the students spend their first four to five months at the medical center. There, they are involved in classroom study and clinical sessions that take them to other hospitals, clinics and private practices in the Salt Lake area. During this time, they visit several physicians who are interested in training and later employing them, Dr. Segal said. By the end of the university phase, each medex has been matched with a doctor. The next seven to eight months are spent in the doctor's practice. This gives the medex practical training in the community setting, the medical director noted. He said more than 80 percent of graduate medex are hired by the physicians who trained them. Project officials point out that most of the 65 medex who have graduated since the program began in 1971 now assist physicians in Arizona, Colorado, Idaho, Montana, New Mexico, Nevada, Utah and Wyoming. Ninety-fou- r percent are with family practitioners, and more than 70 percent are in towns of less than 10,000 people. The Utah project will begin training its seventh class this fall and is accepting student applications until June 1. Staff member Bernie Asahina said inquiries from physicians wanting more information are welcome anytime, but doctors interested in training a medex from the next class should contact the project |