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STATE v. PIKE

No. 19518.

712 P.2d 277 (1985)

STATE of Utah, Plaintiff and Respondent, v. David Stanley PIKE, Defendant and Appellant.

Supreme Court of Utah.

December 30, 1985.

Attorney(s) appearing for the Case

Mark S. Miner, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., J. Stephen Mikita, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

STEWART, Justice:

Defendant David Stanley Pike was charged with three counts of aggravated assault in violation of U.C.A., 1953, § 76-5-102. The jury convicted Pike on all three counts, and he was sentenced to an indeterminate term of zero to five years. On appeal, Pike claims that he was prejudiced because (1) the prosecutor incorrectly told the jury that Pike had used a "sawed-off" shotgun; (2) the complaining witness, a deputy sheriff, improperly mingled with...

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