State v. Kilpatrick
| Decision Date | 14 October 1946 |
| Docket Number | 6935 |
| Court | Utah Supreme Court |
| Parties | STATE v. KILPATRICK et al |
Appeal from District Court, Third District, Salt Lake County; C. E Baker, Judge.
James P. Kilpatrick and others were convicted of burglary in the second degree, and they appeal.
Affirmed.
Duncan & Duncan, of Salt Lake City, for appellants.
Grover A. Giles, Atty. Gen., A. John Brennan, Asst. Atty. Gen., and Brigham E. Roberts, Dist. Atty., of Salt Lake City, for respondent.
This matter comes before the Court on an appeal, by the defendant James P. Kilpatrick, from a conviction of the crime of burglary in the second degree. The sole question presented by the appellant to this Court is whether or not there was sufficient evidence presented to the lower Court to justify that Court's denial of defendant Kilpatrick's motion for a new trial. There is some discussion of new evidence as shown by affidavits which were submitted to the Court below at the hearing on Kilpatrick's motion for a new trial, but it is not evidence of such significance as would show an abuse of discretion by the trial Court in his denial of said motion.
The following are the facts which are important to this Court's considerations: On the morning of November 20 1945, James R. Grokett, the night watchman of a beer hall located at 363 West South Temple Street, Salt Lake City, was awakened by sounds in the rear of the building, he investigated and saw two men attempting to gain entrance into the beer hall through a hole they had made at the top of the main base wall. As Grokett observed one man in the hole he heard another man outside the wall say, "pull him up," and "push him up." Two heads were finally visible to Mr. Grokett in the hole. After the burglars discovered that they were being observed and as Mr. Grokett was on his way to telephone the police he heard the following from outside the wall, "pull him out," and "hurry up here comes the man." Mr. Grokett was unable to get the police on the telephone when he first tried to call so he called his employer, who testified that he received the call at 2:10 A. M. A cruising police car received the police call at 2:17 A. M. and proceeded toward the beer hall, on the way picking up the defendants, Taylor and Kilpatrick, approximately one and one-half blocks from the scene of the burglary. Upon arrival at 363 West South Temple Street, the defendants were taken out of the police...
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Lee v. State
...saw her attacker but recognized him by his voice, although she had never heard him speak prior to the assault. In State v. Kilpatrick, 1946, 110 Utah 355, 173 P.2d 284, the Court affirmed a judgment entered upon a conviction of second degree burglary, in which the only 'direct evidence' pla......
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State v. Silva
...or that person's voice possesses some peculiar characteristic which could not be easily mistaken." State v. Kilpatrick, 110 Utah 355, 357, 173 P.2d 284, 285 (1946) (per curiam); accord State v. Booker, 709 P.2d 342, 345 (Utah 1985) (holding that this "rule is limited to a situation in which......
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State v. Booker
...makes it readily identifiable. Booker relies on State v. Karas, 43 Utah 506, 511, 136 P. 788, 790 (1913), and State v. Kilpatrick, 110 Utah 355, 357, 173 P.2d 284, 285 (1946). It is true that the Karas case, cited in Kilpatrick, does set out these two alternative requirements for sustaining......