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STATE v. SPENCER

No. 12182.

497 P.2d 636 (1972)

28 Utah 2d 12

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

Supreme Court of Utah.

May 23, 1972.

Attorney(s) appearing for the Case

F. John Hill, of Salt Lake Legal Defender Assn., Salt Lake City, for defendant-appellant.

Vernon B. Romney, Atty. Gen., David S. Young, Asst. Atty. Gen., Salt Lake City, for plaintiff-respondent.

TUCKETT, Justice:

The defendant was indicted for the crime of robbery in Salt Lake County and after a trial was had the jury returned a verdict of guilty. The court below sentenced the defendant to a term in the Utah State Prison. From the conviction and sentence the defendant has appealed to this court.

On September 24, 1971, Joseph Eskelson was robbed at approximately 3:30 a.m. Eskelson testified that during the robbery he made a careful observation of the...

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