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eBook details

• Title: State Utah v. Angelo Joe Tellay
• Author : Supreme Court Of Utah
• Release Date : January 25, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Appellant was apprehended by police officers as he was leaving the Star Brass Foundry and Refining Company about 11 oclock in the nighttime via a broken window. An officer of the foundry testified that the window had not been broken the day of the entry when he left the building about 4:30 or 5 oclock that afternoon, and that no one in the company had given appellant permission to enter. He further testified that when he arrived at the building about 11 oclock that night he found that the locks on some double doors in the foundry, which were locked from the inside, had been tampered with and broken down. Near these doors there were brass castings piled about three feet high which had been placed there a day or two before appellants entry. There was further evidence that a night watchman living in the vicinity had heard the clinking of brass or metal and had seen a light in the foundry and had immediately informed the police and an officer of the foundry. When the police arrived they heard a noise made by the pounding of metal and almost immediately thereafter appellant was seen coming out of a broken window. Nothing was found to have been stolen from the foundry. Appellant had been drinking beer with his wife and friends who had driven him to the vicinity of the foundry in a penal truck and who were at the scene when appellant was apprehended. It was apparent that all had been drinking, although it did not appear that appellant was drunk. He talked rationally, seemed to understand everything said to him, and had no apparent trouble coming out of the window. There was testimony that appellant and his wife had been quarreling and therefore the friends stopped the truck and let them out, and it just happened to be near the foundry. No one saw appellant go into the foundry, although his wife was found standing on the corner nearby, and the truck had returned to that corner at about the time the arrest was being made. No explanation was given of why appellant had forced his way into the foundry.

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