State v. Wood
State v. Wood
Opinion of the Court
Appeal from a robbery and grand larceny conviction in a case tried to a jury.
Affirmed.
This case prematurely was appealed in State v. Wood.
Colvin’s other point has to do with insufficiency of evidence, which was the same point raised before. In the Wood case we had the transcript before us, and nothing has been added on the present appeal. There we said:
“Defendants urge error * * * that the verdicts were contrary to the evidence and the presumption of innocence, and that the court and prosecutor prejudicially abused defendants’ rights by their conduct. The record does not reflect any such abuse, and the only point on appeal appearing to*342 have any merit is that we decide here anent prematurity of appeal.”
As to Wood’s only point on appeal, that the motion for new trial improperly was denied because an affidavit was filed by a stranger as to what a juror said about a jacket, the trial court properly paid no attention to it, since it was an effort by affidavit of a nonparticipant to impeach the verdict, which normally isn’t done, particularly by hearsay.
. 14 Utah 2d 192, 381 P.2d 78 (1963).
Reference
- Full Case Name
- The STATE of Utah, and v. Virgil Lee WOOD and Robert Colvin, and
- Status
- Published