STATE v. ANDERSON

No. 12140.

474 P.2d 735 (1970)

25 Utah 2d 26

The STATE of Utah, Plaintiff and Respondent, v. Richard Irving ANDERSON, Perry Allan Holmes, and Clinton E. Roberts, Defendants and Appellant.

Supreme Court of Utah.

September 28, 1970.


Attorney(s) appearing for the Case

Strong & Hanni, Wendell E. Bennett, Salt Lake City (not trial counsel), for appellant.

Vernon B. Romney, Atty. Gen., Lauren N. Beasley, David S. Young, Asst. Attys. Gen., Salt Lake City, for plaintiff and respondent.


CALLISTER, Justice:

Defendant Clinton E. Roberts was convicted upon a jury verdict of the crime of grand larceny and was sentenced to a term in the state prison as provided by law. Defendant's sole point on appeal is that the exclusion of his alibi witness on the ground that the notice of alibi was insufficient constituted an abuse of discretion by the trial court and was reversible error.

Section 77-22-17, U.C.A. 1953, provides:

Whenever a defendant...

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