State v. Carlsen
In State v. Carlsen, 638 P.2d 512 (Utah 1981), the defendant instructed a third party to threaten a witness that was to testify against him in an upcoming trial.
Carlsen requested the third party to threaten the witness and "tell him that he better not show up for court the next day."
Carlsen was charged with tampering with a witness. Carlsen argued the third party's testimony concerning the threatening statements was inadmissible hearsay.
In affirming Carlsen's conviction, the court held that the purpose in offering the testimony was to show "merely that [the third party] had made the statements, because it was these threatening statements which, by attempting to discourage the witness from testifying, violated the [witness tampering] statute." Id. at 514