STATE v. OWENS

No. 17038.

638 P.2d 1182 (1981)

STATE of Utah, Plaintiff and Appellant, v. Caral Lee OWENS and Rudell Owens, Defendants and Respondents.

Supreme Court of Utah.

October 28, 1981.


Attorney(s) appearing for the Case

David L. Wilkinson, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, Noall T. Wootton, Steven B. Killpack, Provo, for plaintiff and appellant.

Sheldon R. Carter, Provo, for defendants and respondents.


HOWE, Justice:

The State of Utah appeals from a district court ruling that § 76-6-410(b), Utah Code Ann. 1953, is unconstitutionally vague. The correctness of that ruling is the only question before this Court.

The information filed against the defendants, Caral Lee Owens and Rudell Owens, charged them with theft by persons having custody of property pursuant to a rental agreement. The state was prepared to present evidence that the defendants had entered...

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