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eBook details

• Title: State Utah v. Boyd Donald Bagley
• Author : Supreme Court Of Utah
• Release Date : January 26, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

DURHAM, Justice: Boyd Bagley was tried without a jury in the Third Judicial District in Salt Lake County. He was convicted of burglary, theft and filing a false report. Bagley appeals, claiming that the evidence was insufficient to support his conviction and that a sheriff officer's in-court identification of him was inadmissible. We affirm. Near midnight on September 19, 1982, sheriff officer Dave Smith was patrolling the area of 3100 East and 3300 South in Salt Lake City. As he passed a Rainbo gas station, he noticed a white Ford Courier pickup truck parked near the station office. Smith next noticed that a window had been broken in the office and that a male Caucasian was inside, apparently removing items from a cooler located along a wall. Officer Smith drove into the station and parked his car in front of the white pickup truck. As he was getting out of his car, he saw the man leave the building and begin to walk toward the driver's side of the pickup truck. How much light there was is unknown, but Smith testified that he was approximately 20 feet from the suspect and could see him clearly. Smith dres his service revolver and ordered the man to stop. The man continued moving toward the vehicle, stating repeatedly, Don't shoot me, don't shoot me. As the man entered the truck, Smith approached its passenger side and noticed a second person sitting there. He reached inside, grabbed the passenger and continued to order the man to halt. The man slowly backed the truck away from the car with Smith continuing to hold onto the passenger and to demand that the driver stop. The truck was then driven away from the gas station. Smith somehow became caught on the truck and was slightly injured as the truck drove away. He nevertheless managed to shoot at the right truck tires as it drove off.

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