U.S. Court of Appeals for the Tenth Circuit, 1969

Ray Albert Martinez v. State of Utah, Its Duly Elected Judges, and John Turner, Warden of the Utah State Prison

U.S. Court of Appeals for the Tenth Circuit · Decided July 15, 1969 · Murrah, Tuttle, Breitenstein

412 F.2d 853; 1969 U.S. App. LEXIS 11498 (Federal Reporter, Second Series)

Counsel

Robert M. McRae, Salt Lake City, Utah, (Hatch, McRae & Richardson, Salt Lake City, Utah, of counsel, with him on the brief) for appellant., Lauren N. Beasley, Asst. Atty. Gen., Salt Lake City, Utah (Vernon B. Romney, Atty. Gen., and Joseph P. McCarthy, Asst. Atty. Gen., of counsel, with him on the brief) for appellees.

Cases that cite this one

3 later published cases cite this decision.

United States v. Floyd Edward Turner, Jr. (10th Cir. 1970)
State v. Rhymes (Ariz. 1971)
United States v. Glynn Eldon Fox (10th Cir. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

The appellant in this habeas corpus case here complains of the Utah Statute, U.C.A.1953, 76-38-1, which permits an inference of guilt of larceny when an accused is found in “possession of property recently stolen” when the person in possession fails to make a satisfactory explanation. The charge of the state trial court here adequately met the standards set forth by the Supreme Court in United States v. Romano, 382 U.S. 136, 86 S.Ct. 279, 15 L.Ed.2d 210.

The judgment is affirmed.

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