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STATE v. SPENCER

No. 11980.

471 P.2d 873 (1970)

24 Utah 2d 361

The STATE of Utah, Plaintiff and Respondent, v. Kenneth Woodrow SPENCER, Defendant and Appellant.

Supreme Court of Utah.

July 7, 1970.

Attorney(s) appearing for the Case

Thomas A. Quinn, Salt Lake City, for defendant and appellant.

Vernon B. Romney, Atty. Gen., Lauren N. Beasley, Joseph P. McCarthy, Asst. Atty. Gens., Salt Lake City, for plaintiff and respondent.

ELLETT, Justice:

The defendant appeals from a conviction by a jury of the crime of robbery. He makes three assignments of error, none of which was raised in the court below. Those assignments are (1) the defendant was identified out of court before he had counsel; (2) the circumstances under which the out-of-court identification took place were suggestive and unfair; and (3) one of defendant's witnesses was required to testify...

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