STATE v. CHESTNUT

No. 10638.

20 Utah 2d 268 (1968)

437 P.2d 197

THE STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. SHERRILL CHESTNUT, III, AND LINDELL RAY NEWTON, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

February 6, 1968.


Attorney(s) appearing for the Case

Lindell Ray Newton, pro se.

Gordon L. Roberts, Salt Lake City, for Sherrill Chestnut, III.

Phil L. Hansen, Atty. Gen., Salt Lake City, for respondent.


SORENSEN, District Judge:

The defendants appeal separately from a conviction for robbery. The appeals are here consolidated.

The facts are not in dispute. In the late evening of October 8, 1965, two highway patrolmen, upon clocking an automobile driven by the defendant Chestnut, in which the defendant Newton was a passenger, at more than 80 miles per hour in a 70-mile-per-hour speed zone, stopped the automobile for speeding. The officers after observing the...

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