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101 Utah 584

126 P.2d 1044

State v. Brooks

Utah Supreme Court

Decided June 22, 1942

Utah Supreme Court · decided 1942-06-22

Good law ✅— No negative treatment on recordhow we know

Decided 1942-06-22

How this case has been cited

Cited by 8 later decisions — most recently July 1972

8 state decisions

301942195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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WOLFE, Justice

¶1 (concurring).

¶2 I concur. I have only one thought to add. The test of what is a satisfactory explanation is not for us but for the trial court first and then, if submitted to the jury, for the jury to be considered as part of all the evidence as to guilt or innocence. Hence, if reasonable men could differ as to whether the explanation according to the tests laid down in the opinion were satisfactory or not, we should not disturb the decision of the trial court on that question. The *592 first Bruno case, which of course was recalled by the second opinion on rehearing, was definitely in error in holding that this court could say as a matter of law that the explanation given by Bruno was satisfactory. The second opinion however corrected that error.

PRATT, J., on leave of absence.
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