Utah Supreme Court· 9/16/1986

State v. Smith

Citations

726 P.2d 1232
42 Utah Adv. Rep. 14
1986 Utah LEXIS 873

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that a defendant’s request for his wife’s assistance in pawning stolen property, without her knowledge that it was stolen, was admissible under Utah’s crime-fraud exception
stating statute on which instruction is based, “properly construed, does not establish an evidentiary presumption, let alone a presumption of guilt”
finding evi-dentiary support for jury’s inference that possession of stolen property supported theft conviction when other evidence, including defendant’s inconsistent statements, supported conclusion that defendant had stolen the property
finding marital privilege unsuccessfully invoked at trial to prevent spouse’s in-court testimony
finding marital privilege unsuccessfully invoked at trial to prevent spouse's in-court testimony
“An instruction that simply incorporates the statutory language is unconstitutional when the statutory term ‘prima fa-cie’ is defined as a presumption_”

Source: CourtListener parenthetical corpus (CC0).

Judges: Stewart, Hall, Howe, Durham, Zimmerman

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14 cases in this archive cite this case.

Cites

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