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• Title: State Utah v. Eugene Johnson and Charles
• Author : Supreme Court Of Utah
• Release Date : January 29, 1956
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

WADE, Justice. 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.

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