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STATE v. MORAINE

No. 12148.

475 P.2d 831 (1970)

25 Utah 2d 51

The STATE of Utah, Plaintiff and Respondent, v. Russell Leonard MORAINE, Defendant and Appellant.

Supreme Court of Utah.

October 20, 1970.

Attorney(s) appearing for the Case

Jay D. Edmonds, Salt Lake Legal Defender Assn., Salt Lake City, for defendant and appellant.

Vernon B. Romney, Atty. Gen., Lauren N. Beasley, W. Clark Burt, Asst. Attys. Gen., Salt Lake City, for plaintiff and respondent.

ELLETT, Justice:

This is an appeal from a conviction of the crime of robbery. The evidence was not in dispute, and the facts are as follows:

Two men, wearing stocking masks, entered a Seven-Eleven Store just before closing time, to wit, about 10:55 p.m., on December 16, 1969. They each held a drawn pistol. That held by one of them had a shiny barrel. The clerk at the direction of the man holding the pistol with the...

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