Dear Mr. Butler: Pursuant to Rule 24(j), (Citation of Supplemental Authorities), Utah Rules of Appellate Procedure, my client wishes to call to your attention State of Utah v. Marshall Glen Jones, Utah Supreme Court No. 890297, filed December 31, 1991, wherein Justice Stewart held that the failure to give an elements instruction on a charged crime can never be harmless error. Mr. Tillman's position, of course, is that this holding should apply where, as in his case, no elements instructions were given to the underlying crimes of arson, aggravated arson, burglary and aggravated burglary. (Refer to Point II of Petitioner's Brief, and more specifically, to points made in oral argument in August, 1991.)
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Legal Brief, Tillman v. Cook, No. 890322 (Utah Supreme Court, 1989).