State v. Eagle Book, Inc.
State v. Eagle Book, Inc.
Opinion of the Court
Defendants were separately charged under U.C.A., 1953, 76-10-1204 for distribution of pornographic material. All charges were consolidated for trial and all defendants were found guilty by a jury. There are four issues raised on this appeal: (1) the constitutionality of the statute; (2) the exclusion from the jury of persons 18-21 years of age; (3) the admissibility of exhibits, relating to the chain of custody; and (4) the court’s failure to give the statutory definition of the word “exhibit.”
The first issue was decided in the affirmative by this Court in State v. Haig
The third point on appeal claims the lower court erred in admitting all of the challenged exhibits. The point is based on a claim that the chain of custody of the exhibits was not sufficiently established and therefore the admission of the exhibits into evidence was reversible error. The court admitted the exhibits (pornographic materials alleged to have been distributed by defendants) and held that any weakness in the chain of custody would go to the weight of the evidence. The general rule is stated in State v. Madsen
Before a physical object or substance connected with the commission of a crime is admissible in evidence there must be a showing that the proposed exhibit is in substantially the same condition as at the time of a crime. The circumstances surrounding the preservation and custody of the article and the likelihood of tampering are factors to be considered in determining its admissibility. If after consideration of these factors the trial court is*75 satisfied that the article or substance has not been changed or altered, he may permit its introduction into evidence. While it is the duty of the court to make the first determination, the jury may disregard the evidence should they [sic] determine the custody of the article or substance has not been sufficiently shown, or that it has been altered or changed. [Cases cited.]
This is really a two-tiered analysis. First the trial court, in its discretion,
The fourth and final claim is that the court erred in failing to give the statutory definition of the word “exhibit” in its instructions. U.C.A., 1953, 76-10-1201(5) defines exhibit as “to show.” The court refused to so instruct the jury and said, “[t]he court's position is that the word exhibit is a word in the lay vocabulary and needs no more definition.” Clearly, the court does have a duty to instruct the jury on the statutory elements of a crime.
Affirmed.
. Utah, 578 P.2d 837 (1978).
. Utah, 583 P.2d 69 (Also decided today.)
.28 Utah 2d 108, 498 P.2d 670 (1972).
. State v. Tuggle, 28 Utah 2d 284, 501 P.2d 636 (1972); McCormick on Evidence, Sec. 212 (E. Cleary, 2nd ed.).
. United States v. Coades, 549 F.2d 1303 (9th Cir. 1977).
.State v. Johnson, 112 Utah 130, 185 P.2d 738 (1947).
Concurring Opinion
(concurring).
I concur on points 2, 3 and 4 specified in the majority opinion; and concur on point 1 for reasons pertaining to the constitutionality of the statute stated by Mr. Justice Maughan in his concurring opinion in State v. Haig, et al., Utah, 578 P.2d 837, 840-847 (1978).
Reference
- Full Case Name
- STATE of Utah, Plaintiff and Respondent, v. EAGLE BOOK, INC. and Luana Hall Haig, Defendants and Appellants; STATE of Utah, Plaintiff and Respondent, v. EAGLE BOOK, INC. and Arthur Adalid, Defendants and Appellants; STATE of Utah, Plaintiff and Respondent, v. EAGLE BOOK, INC. and Arthur Adalid, Defendants and Appellants; STATE of Utah, Plaintiff and Respondent, v. Willie WILLIAMS, Defendant and Appellant
- Cited By
- 11 cases
- Status
- Published