State v. Johnson, 8548
| Full Citation | State v. Johnson, 6 Utah 2d 29, 305 P.2d 488 (Utah 1956) |
| Decision Date | 29 December 1956 |
| Citation | 305 P.2d 488,6 Utah 2d 29 |
| Docket Number | No. 8548,8548 |
| Parties | d 29 STATE of Utah, Plaintiff and Respondent, v. Eugene JOHNSON and Charles Brooks, Defendants and Appellant. |
| Court | Utah Supreme Court |
La Var E. Stark, Ogden, for appellant.
E. R. Callister, Jr., Atty. Gen., Maurice D. Jones, Asst. Atty. Gen., for respondent.
Eugene Johnson, appellant herein, appeals from a conviction of burglary in the second degree. He contends the court should have granted a motion to dismiss the information because of insufficiency of evidence proving he had committed the crime.
Although controverted in some particulars by appellant and his drinking companion and codefendant, Charles Brooks, the evidence disclosed that about 1:20 a. m. on July 3, 1955, the policemen in a radio patrol car, which was stationed without lights in the vicinity of Harrison Boulevard and 30th Street in Ogden, spotted a man walking rapidly away from the front of a building occupied in part by the Robins' Five and Ten Cent Store. After questioning this man, appellant herein, as to what he was doing there, they arrested, handcuffed and placed him in the police car. They then proceeded to the Five and Ten Cent Store, tried the front door, found it locked and spied Charles Brooks, appellant's codefendant, inside of the store standing between the door and the display window. One of the policemen went to the car to radio for help while the other told Brooks to come out the way he had entered. Brooks went toward the back of the store where officers, who had driven to the rear of the building in answer to the policeman's call for aid, heard someone try to open a door. On flashing a light, someone was heard running towards the front of the building. At that time officers noticed a broken window located about 18 feet above the ground. The officers ran around to the front of the store and arrived just in time to see Brooks drop behind a showcase. The store manager was called and upon his arrival, he opened the door with a key, and Brooks was arrested and searched. On his person were found leather gloves, a pocket knife and a flashlight. When appellant was searched a pair of gloves similar to those found on Brooks was found on him. When Brooks recognized the arresting officer, he said: 'Well, I guess you got me cold turkey.' This same officer had seen Brooks and appellant in a tavern drinking together at about 7 p. m. of July 2. In the meantime on of the policemen discovered that appellant was no longer in the police car. Upon search he was found lying near a service station located close by with a deep gash in his head caused by a fall. Although it was apparent Brooks and appellant had been drinking spiritous refreshments, they appeared to be able to walk and talk in a reasonable manner.
After Brooks and appellant were removed and taken to the police station, one of the officers went back to the rear of the building and...
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State v. State
...of a crime also facilitates a partner-in-crime's ability to commit the same crime at the same time.FN3 See State v. Johnson, 6 Utah 2d 29, 305 P.2d 488, 489 (1956) (concluding that it was reasonable for a trial court “to infer that [the defendant] ... was acting as a lookout for [the codefe......
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State v. Beltran-Felix
...conviction under predecessor to section 76-2-202 where defendant was outside of store when robbery occurred); State v. Johnson, 6 Utah 2d 29, 305 P.2d 488, 489 (1956) (upholding conviction under predecessor to section 76-2-202 where defendant was seen in vicinity of Viewing the evidence in ......
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Parker v. Rampton
...concerned with the commission of a crime, whether acting directly, or aiding and abetting, are guilty as principals. See State v. Johnson, 6 Utah 2d 29, 305 P.2d 488; and State v. Ervin, 22 Utah 2d 216, 451 P.2d 372. Appellant's brief correctly states that there has been confusion as to our......
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State ex rel. M.B.
...upheld when the evidence and circumstances show some active participation or involvement in the underlying crime. In State v. Johnson, 6 Utah 2d 29, 305 P.2d 488 (1956), for example, the evidence showed that the defendant was spotted "walking rapidly away from the" scene of the burglary, id......