STATE v. CUMMINGS

Nos. 12408, 12487.

496 P.2d 709 (1972)

27 Utah 2d 365

STATE of Utah, Plaintiff and Respondent, v. James CUMMINGS, Defendant and Appellant (two cases).

Supreme Court of Utah.

April 25, 1972.


Attorney(s) appearing for the Case

David P. Rhode, Salt Lake City, for defendant and appellant.

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


TUCKETT, Justice:

After separate trials in the district court, the defendant was found guilty of the crime of robbery in each case. Appeals were taken from the verdict and judgment in each of the cases to this court. Inasmuch as the claimed errors in the cases are similar, we have elected to deal with both cases in a single opinion.

The defendant claims that he was denied due process of law by reason of a line-up held after his arrest where the victim of each...

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