State v. Perry

CROCKETT, Justice:

Defendant, Thomas Chester Perry, appeals from his conviction by a jury of robbery, contending (1) variance between the complaint and the information; and (2) error in pretrial identification procedures.

The evening of December 12, 1968, two men forced their way at gunpoint into the home of David Harness in Orem, Utah. In the presence of Mr. Harness and his wife, the two men explained their plan to take money from the Allen Super Save Market there in Orem, of which Mr. Harness was the manager. One of the men would stay with Mrs. Harness and her two children to keep them…