State v. Pike

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 the jury during a court recess; and (3) the trial judge improperly excluded the arresting officer’s report.

On April 2, 1983, three…