STATE v. MITCHELL

No. 14471.

571 P.2d 1351 (1977)

The STATE of Utah, Plaintiff and Respondent, v. Edwin MITCHELL, Defendant and Appellant.

Supreme Court of Utah.

November 10, 1977.


Attorney(s) appearing for the Case

William W. Barrett, Asst. Atty. Gen., R. Paul Van Dam, Salt Lake County Atty., Salt Lake City, for plaintiff and respondent.

Larry R. Keller of Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.


MAUGHAN, Justice:

Defendant appeals from his conviction by a jury of the crime of aggravated robbery, a first degree felony, Section 76-6-302, Utah Criminal Code. We reverse and remand for a new trial. All statutory references are to U.C.A. 1953.

By information defendant was accused of using a deadly weapon or facsimile thereof, to wit, a revolver to rob Brenda Moore Bradley and Barbara Harris on June 30, 1975. In a bill of particulars the State alleged that...

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