Sunday, November 17, 2013

State v. Seekford case brief

State v. Seekford case brief summary
638 P.2d 525 (1981)


CASE SYNOPSIS
Defendant appealed from the judgment of the lower court (Utah), which convicted him of theft.

CASE FACTS
Defendant appealed a theft conviction. He contended that the lower court was without jurisdiction.

DISCUSSION

  • The court affirmed. 
  • The lower court made no specific written finding that an element of the offense occurred in Utah. 
  • However, it was clear from an exchange with the lower court and counsel that the lower court had in mind that the element of "intent" had to have existed in defendant's mind while he was in Utah. 
  • In view of this exchange, the court found that the offense was committed in this state, and the Utah courts had jurisdiction to try defendant for the offense. 
  • There was no merit to defendant's contention that the State charged defendant improperly under the general theft statute when it had available a specific statute covering thefts pursuant to rental agreements. 
  • Finally, the admission into evidence of a telex communication as a business entry exception to the hearsay rule was not prejudicial.

CONCLUSION
The court affirmed the conviction.

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