State v. McGehee
State v. McGehee
Opinion of the Court
This is an appeal from two convictions by a jury, of 1) making a false insurance claim,
There was controversion as to the dates of the reports, which is of no moment on this appeal. The record reflects that at the time of the reports, defendant was in necessitous circumstances, and considerably delinquent in his payments to the finance company holding the paper on the trailer.
The defendant does not deny his guilt based on the facts, assuming the charging statute to be valid, but urges reversal as a matter of law because of two errors, one procedural, the other as a matter of claimed unconstitutionality of the legislation under which he was charged.
His thesis on appeal is that 1) the prosecutor’s argument to the jury prejudicially was inflammatory and unsupported by the evidence; and 2) that § 76-6-521, the charging statute, is unconstitutionally vague and overbroad as to the offense and conduct necessary for violation.
As to his first point on appeal, the defendant relies on the following language of the prosecutor: “He’s got the trailer, or he knows where it is,” — referring to the defendant. Defendant claims that such statement was not supported by the evidence, and hence reversible. The record which included contradictions by the defendant himself and lack of specificity in events designed to rebut guilt were numerous enough to be permissible quarry for comment by the prosecutor. The challenged comment was well within the latitude approved in such cases as State v. Valdez,
With respect to the constitutional question raised as to vagueness, it appears to have been answered by the clarity of the statute itself, which reads as follows:
Every person who presents ... any false or fraudulent claim, ... upon any contract of insurance for the payment of any loss ... is punishable as in the manner prescribed for theft of property of like value. [Emphasis added.]
There appears to.be no vagueness here. The defendant erroneously contends that the statute calls for a punishment of theft.
The verdicts and judgments are affirmed.
. In violation of U.C.A., 1953, 76-6-521.
. In violation of U.C.A., 1953, 76-8-506.
. 30 Utah 2d 54, 513 P.2d 422 (1973).
. 30 Utah 2d 112, 514 P.2d 530 (1973).
Reference
- Full Case Name
- STATE of Utah, and v. Jackie F. McGEHEE, and
- Cited By
- 1 case
- Status
- Published