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STATE v. WETTSTEIN

No. 12827.

501 P.2d 1084 (1972)

28 Utah 2d 295

The STATE of Utah, Plaintiff and Respondent, v. Danny WETTSTEIN, Defendant and Appellant.

Supreme Court of Utah.

September 29, 1972.

Attorney(s) appearing for the Case

Jimi Mitsunaga, Salt Lake City, for defendant-appellant.

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

CALLISTER, Chief Justice:

Defendant was tried by the court and convicted of the crime of robbery. He was sentenced to the Utah State Prison for an indeterminate term as provided by law. On appeal defendant urges that the trial court committed prejudicial error in its rulings as to the admissibility of certain evidence.

Shortly after 10 p.m. the attendant of a service station in Cache County, Utah, was robbed at gun point by a masked person. The attendant,...

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