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State v. Fertig

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eBook details

  • Title: State v. Fertig
  • Author : Supreme Court Of Utah
  • Release Date : January 19, 1951
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

WOLFE, Chief Justice. Appellant, Samuel Fertig, also known as Bob ODare, hereinafter referred to as the defendant, was found guilty of committing sodomy with Jewel Green, a professional prostitute. She testified that the defendant committed the offense by having copulation in her mouth in violation of Section 103-51-22, U.C.A.1943. The crime took place in a hotel room in Ogden, Utah, shortly after 3:00 oclock a. m. August 13, 1949. Also present in the room on this occasion was a young girl, 17 years of age, named Idella Burt. Idella likewise testified that the defendant committed the act of sodomy with Jewel Green. These two women were the only state witnesses. The issue in the case is whether Idella was an accomplice whose testimony could serve as competent corroborative evidence to sustain the conviction. Our statute, Section 105-32-18, U.C.A.1943, provides: A conviction shall not be had on the testimony of an accomplice, unless he is corroborated by other evidence * * *.


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