STATE v. JOHN

No. 18108.

667 P.2d 32 (1983)

STATE of Utah, Plaintiff and Respondent, v. Woodrow W. JOHN, Defendant and Appellant.

Supreme Court of Utah.

June 29, 1983.


Attorney(s) appearing for the Case

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

David L. Wilkinson, Atty. Gen., Salt Lake City, for plaintiff and respondent.


PER CURIAM:

The defendant appeals from a jury conviction of attempted rape in violation of U.C.A., 1953, §§ 76-5-402 and 76-4-101. He urges two errors on appeal: 1) the trial court's refusal to strike the victim's testimony as to "identification" of the defendant; and 2) insufficiency of the evidence based on the incredibility of such identification, without which no facts support the verdict.

As to the second point, the record reflects evidence...

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