State v. Carter
State v. Carter
Opinion of the Court
Appeal from a burglary conviction by a jury. Affirmed.
This prosecution arose out of circumstances where four young men, in a car, were shown to have gone to a suburban, somewhat isolated home, where one or more or all participated in entering and taking away numerous items of personal property belonging to one temporarily out of the state, some of which later were sold or pawned. One of these young men, at a separate trial, was convicted and sentenced, whereupon he appealed to this court, and we affirmed.
While in jail with the other two passengers in the car used in the burglary, a deputy sheriff in questioning defendant, gave him the Miranda case message quite in harmony with its requirements enunciated in that case, at page 444 of the U.S. Reports, at page 1612 of 86 S.Ct. commencing with “_ . . The prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation . . . [etc.]”
No objection was made to any of this testimony and no motion made to suppress it,
Counsel for defendant also urges error in admitting testimony of Albert Carter. This appears to be without merit, since the record would reflect that by knowing practically nothing in detail, his testimony was harmless if not actually helpful to defendant. Points on appeal with respect to telling the jury it could consider stipulated facts as being true, failing to transcribe and report closing arguments, and alleged incompetency of trial level counsel, as being prejudicial, are not supported by anything substantial in the record.
This court appointed counsel to protect defendant’s interests, and his brief and presentation before us are reflective of great dedication and expertise in response to our request, for which we commend and thank him.
. State v. McDonald, 26 Utah 2d 336, 489 P.2d 434 (Sept. 1971).
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
. State v. Tuttle, 16 Utah 2d 288, 399 P.2d 580 (1965), cert. denied 382 U.S. 872, 86 S.Ct. 129, 15 L.Ed.2d 110 (1965); Hammonds v. State, 442 P.2d 39, Alaska (1968).
. Jaramillo v. Turner, 24 Utah 2d 19, 465 P.2d 343 (1970) and cases cited therein, and Hammonds v. State, footnote 3.
. 90 Utah 89, 60 P.2d 952 (1936).
Reference
- Full Case Name
- The STATE of Utah, and v. Joseph Gene CARTER, and
- Status
- Published