State v. Kinder

CALLISTER, Justice.

Defendant appeals from his conviction, by a jury, of the crimes of robbery and grand larceny. He seeks a new trial because (1) of newly discovered evidence and (2) alleged improper cross-examination and rebuttal by the State.

On October 30, 1961, at approximately 8 p. m. an armed man entered the A1 Harris Milk Depot in Salt Lake City, held up Daniel L. Kelly, an employee of the milk depot, and took $156.83 from the cash register. The robber had a red bandana handkerchief around the top of his head, but his face was exposed and he appeared to have a three or four days’ growth…