State v. Angelos
State v. Angelos
Opinion of the Court
The defendant was convicted of the crimes of burglary in the second degree and grand larceny in the court below and he is here seeking a reversal.
During the early morning hours of October 4, 1968, a police officer was dispatched to a building occupied by Monroe International Company in Salt Lake City. Upon arrival the officer observed a Buick automobile parked in front of the establishment occupied by one person, and he also observed a person in the building. The officer attempted to apprehend the person in the building, but he escaped. Upon returning to the automobile the officer found the defendant behind the steering wheel with the motor running. Within the vehicle were found several business machines which were identified as property belonging to Monroe International Company. One of the machines was found on the front seat and another on the floor forward of the front seat. After another police officer had arrived at the scene a search of the automobile revealed a number of tools in the glove compartment of the automobile, one of which was a screwdriver with a segment broken from the blade. A segment of metal was found near the doorway to the establishment which fitted into the space of the blade of the broken screwdriver. There were marks on the door and the door frame which would indicate that entrance to the building had been gained by prying the door apart from the frame and releasing the bolt.
The defendant testified in his own behalf to the effect that on the evening prior to the date of the alleged crime he had gone to a tavern where he met Neil Warath, the code-fendant. During the evening the defendant and Warath consumed a considerable amount of beer and whiskey and about midnight the defendant became ill and asked Warath to take him home. They left the tavern in Warath’s automobile and the defendant testified that he fell asleep and was unaware of any unusual occurrence until he heard two shots fired by the officer in an attempt to apprehend the man fleeing from the building occupied by Monroe International Company. The defendant also testified that he and Warath had not discussed committing the crimes nor was he aware of the fact that Warath had removed the business machines from the building.
The defendant further contends that the instructions of the court were erroneous in certain particulars. The court instructed the jury in effect that all persons concerned in the commission of a crime, whether they directly commit the act constituting the offense, or aid and abet in its commission, are principals in any crime so committed. The defendant urges that this instruction would only tend to confuse the jury inasmuch as there was no evidence of record to indicate that he aided or abetted in the commission of the offenses or that he advised or encouraged their commission. The language of the instruction followed closely the intent and meaning of the statute defining principals
A careful review of the entire record discloses no errors which would require a reversal by this court. The verdict and judgment of the court below are affirmed.
. Section 76-1-44, U.C.A.1953; State v. Ervin, 22 Utah 2d 216, 451 P.2d 372.
Reference
- Full Case Name
- The STATE of Utah, and v. James B. ANGELOS, Jr., and
- Status
- Published