STATE v. PERRY

No. 12611.

492 P.2d 1349 (1972)

27 Utah 2d 48

STATE of Utah, Plaintiff and Respondent, v. Thomas Chester PERRY, Defendant and Appellant.

Supreme Court of Utah.

January 17, 1972.


Attorney(s) appearing for the Case

Herschel Bullen, Salt Lake City, for defendant and appellant.

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


CROCKETT, Justice:

Defendant, Thomas Chester Perry, appeals from his conviction by a jury of robbery, contending (1) variance between the complaint and the information; and (2) error in pretrial identification procedures.

The evening of December 12, 1968, two men forced their way at gunpoint into the home of David Harness in Orem, Utah. In the presence of Mr. Harness and his wife, the two men explained their plan to take money from the Allen Super Save Market...

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