State v. Mitchell

MAUGHAN, Justice:

Defendant appeals from his conviction by a jury of the crime of aggravated robbery, a first degree felony, Section 76-6-302, Utah Criminal Code. We reverse and remand for a new trial. All statutory references are to U.C.A.1953.

By information defendant was accused of using a deadly weapon or facsimile thereof, to wit, a revolver to rob Brenda Moore Bradley and Barbara Harris on June 30, 1975. In a bill of particulars the State alleged that defendant together with one Kenneth Douglas Wells, entered the residence of Barbara Harris and by use of a deadly weapon, a revolver robbed…