STATE v. KINDER

No. 9778.

14 Utah 2d 199 (1963)

381 P.2d 82

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. DENNIS SHERMAN KINDER, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

May 7, 1963.


Attorney(s) appearing for the Case

Barton & Klemm, H. Ralph Klemm, Salt Lake City, for appellant.

A. Pratt Kesler, Atty. Gen., Ronald N. Boyce, Asst. Atty. Gen., Salt Lake City, for respondent.


CALLISTER, Justice.

Defendant appeals from his conviction, by a jury, of the crimes of robbery and grand larceny. He seeks a new trial because (1) of newly discovered evidence and (2) alleged improper cross-examination and rebuttal by the State.

On October 30, 1961, at approximately 8 p.m. an armed man entered the Al Harris Milk Depot in Salt Lake City, held up Daniel L. Kelly, an employee of the milk depot, and took $156.83 from the cash register. The robber...

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