[DOWNLOAD] "State Utah v. Anne Clark and Allan Savage" by Supreme Court Of Utah ~ Book PDF Kindle ePub Free

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eBook details

• Title: State Utah v. Anne Clark and Allan Savage
• Author : Supreme Court Of Utah
• Release Date : January 15, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

DURHAM, Justice: The appellants and defendants, Anne Clark and Allan Savage, appeal their convictions for the offense of aggravated arson, U.C.A., 1953, § 76-6-103. The evidence presented at trial indicated that the firemen called to Clark's home at 1:06 a.m. observed circumstances, such as fire springing up directly from a concrete floor and empty Coleman fuel cans, which suggested that fire accelerant had been used. Two fire and explosion experts investigated the fire and testified that the fire was probably started by the furnace pilot light igniting a flammable petroleum product which had been poured on the side of the furnace and spread on the floor with a broom. The two experts and a Mountain Fuel Company investigator also ruled out malfunction of the furnace or the water heater as sources of the fire. They and a licensed electrical contractor also testified that the electrical wiring in the house was not the cause of the fire. There was conflicting testimony by the defendants regarding the events prior to the fire. At different times and to different persons, the defendants stated that Clark's son was or was not present, that they could or could not smell gas in the house, and that the defendants were or were not in the basement of the house when the fire started. The legs of both defendants were burned. In this appeal, the defendants allege five points of error: (1) that they were improperly convicted of arson because the structure burned was the property of the defendant Clark; (2) that the prosecution failed to comply with an agreement not to prosecute if the defendants passed a polygraph examination; (3) that the court erroneously denied the defendants' motion to voir dire the jury regarding potentially prejudicial trial publicity; (4) that the court failed to follow the requirements of Utah R. Crim. P. 17(f) & (h) (codified at U.C.A., 1953, §§ 77-35-17(f) & (h) (Interim Supp. 1982)); and (5) that there was insufficient evidence to support a conviction. We hold that the defendants' arguments are without merit and affirm the judgment of the trial court.

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