State v. Schaffer

OAKS, Justice:

A jury convicted defendant of aggravated robbery in violation of U.C.A., 1953, § 76-6-302. On appeal, he urges two errors by the trial court: (1) denying his motion for a new trial for newly discovered evidence, and (2) failing to give his requested jury instruction on identification testimony. We affirm the conviction.

At about 10:30 p. m. on August 21, 1978, two men and a woman entered the Shakey’s pizza parlor in Granger. The business was empty except for two other patrons. The men ordered pizza from Ms. Warenski, the assistant manager, and ordered two beers from Mr. Guley,…