State v. Martinez, 442 P.2d 943 (Utah 1968). · Go Syfert
State v. Martinez, 442 P.2d 943 (Utah 1968). Cases Citing This Book View Copy Cite
10 citation events (2 in the last 25 years) across 1 distinct court.
Strongest positive: Brewer v. Denver & Rio Grande Western Railroad (utah, 2001-08-28)
Top citers, strongest first. 1 distinct citer.
discussed Cited as authority (rule) Brewer v. Denver & Rio Grande Western Railroad
Utah · 2001 · confidence medium
However, "lilt is not error [for a court] to refuse a proposed instruction if the point is properly covered in the other instructions." State v. Sessions, 645 P.2d 643, 647 (Utah 1982); see also, e.g., State v. Robertson, 932 P.2d 1219, 1231 (Utah 1997); State v. Miller, 727 P.2d 203, 206 (Utah 1986), State v. Wilcox, 28 Utah 2d 71, 75 , 498 P.2d 357, 359 (1972); State v. Martinez, 21 Utah 2d 187, 188 , 442 P.2d 943, 944 (1968).
STATE of Utah, Plaintiff and Respondent,
v.
Ray Albert MARTINEZ, Defendant and Appellant
11058.
Utah Supreme Court.
Jun 21, 1968.
442 P.2d 943
Hatch & McRae, Salt Lake City, for defendant and appellant., Phil L. Hansen, Atty. Gen., LeRoy S. Axland, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.
Henriod, Crockett, Callister, Tuckett, Ellett.
Cited by 5 opinions  |  Published
HENRIOD, Justice:

Appeal from a judgment on a guilty verdict in a burglary and larceny case. Affirmed.-

A local jewelry store was burglarized. Defendant and another borrowed a suitcase from a friend, chartered a private plane to Oakland, where defendant who displayed jewelry taken, (later identified) attempted to give part of it to the pilot to fly the former to Mexico. No question was raised as to whether anyone’s possession of the loot was remote.

Defendant, on appeal, urges that 1) no one asked him to explain his possession of recently stolen property, [1] but we know of no case requiring anyone to urge defendant to do anything; [2] 2) that the statute, 76-38-1 (see note 1) is unconstitutional, which this court has stated is constitutional ; [3] 3) that the court erred in failing to give a requested instruction having to do with alternative facts and conclusions and theories, which point we consider without merit, since such instruction was cumulative and more than amply covered in stock and other instructions given, and 4) that the court erred in not requiring disclosure of the prosecution’s evidence, which was an all-inclusive and unreasonable disclosure demand fraught with dangerous adversary procedural implications if the request had been granted. [4]

CROCKETT, C. J., and CALLISTER, TUCKETT, and ELLETT, JJ., concur.
1

.Under Title 76-38-1, Utah Code Annotated 1953, it is provided that “Possession of property recently stolen, when the person in possession fails to make a satisfactory explanation, shall he deemed prima facie evidence of guilt.” (Emphasis ours).

2

. See State v. Kirkman, 20 Utah 2d 44, 432 P.2d 638 (1967).

3

. State v. Little, 5 Utah 2d 42, 296 P.2d 289 (1956).

4

. See State v. Tune, 13 N.J. 203, 98 A.2d 881 (1953) and United States v. Garsson, 291F. 646 (D.C.1923).