STATE v. ROBERTS

No. 13481.

518 P.2d 1246 (1974)

30 Utah 2d 407

The STATE of Utah, Plaintiff and Respondent, v. Kenneth Glen ROBERTS, Defendant and Appellant.

Supreme Court of Utah.

February 5, 1974.


Attorney(s) appearing for the Case

Bruce C. Lubeck, Salt Lake Legal Defenders Association, Salt Lake City, for defendant and appellant.

Vernon B. Romney, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.


TUCKETT, Justice:

The defendant was found guilty of the crime of robbery on August 30, 1973, and thereafter sentenced to serve an indeterminate term in the Utah State Prison. From the conviction and sentence the defendant has appealed to this court.

It is the defendant's contention in this court that the court below erred in refusing to submit to the jury the proposition of whether or not the defendant might have been guilty of an attempt to commit robbery...

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