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STATE v. ELLIS

Nos. 20307, 20631.

748 P.2d 188 (1987)

STATE of Utah, Plaintiff and Respondent, v. Gary Lynn ELLIS, Defendant and Appellant. STATE of Utah, Plaintiff and Respondent, v. Marty R. WITHERS, Defendant and Appellant.

Supreme Court of Utah.

December 29, 1987.

Attorney(s) appearing for the Case

Karen Jennings, Curtis Nesset, Salt Lake City, for defendants and appellants.

David L. Wilkinson, David B. Thompson, Salt Lake City, for plaintiff and respondent.

ZIMMERMAN, Justice:

Defendants Gary Ellis and Marty Withers appeal from burglary convictions, claiming that the trial court erred in several respects: first, in denying their motion to sever their trials; second, in admitting lay opinion testimony; third, in denying their motion to arrest judgment; and fourth, in refusing their requested "alternative reasonable hypothesis" jury instruction. Finally, Ellis and Withers claim that the cumulative effect of the errors...

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