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STATE v. UTAH

No. 13071.

511 P.2d 159 (1973)

29 Utah 2d 442

STATE of Utah, Plaintiff and Respondent, v. James Clinton ALLEN, Defendant and Appellant.

Supreme Court of Utah.

June 20, 1973.

Attorney(s) appearing for the Case

Lynn R. Brown, Salt Lake Legal Defenders, Salt Lake City, for defendant and appellant.

Vernon B. Romney, Atty. Gen., David L. Wilkinson, William T. Evans, Asst. Attys. Gen., Salt Lake City, for plaintiff and respondent.

ELLETT, Justice:

The defendant appeals from a conviction of the crime of robbery. He makes but one assignment of error: "The court below erred in refusing to grant appellant's motion to suppress the identification testimony of the robbery victims." He relies upon Section 77-13-38, U.C.A. 1953 (1971 Pocket Supplement), which reads as follows:

A suspect has the right to have his attorney present at a line-up, and the magistrate shall notify the suspect of this...

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