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STATE v. NIELSEN

No. 13284.

514 P.2d 535 (1973)

30 Utah 2d 119

STATE of Utah, Plaintiff and Respondent, v. Parley Edward NIELSEN, Defendant and Appellant.

Supreme Court of Utah.

September 26, 1973.

Attorney(s) appearing for the Case

L. Ridd Larson, Salt Lake City, for defendant-appellant.

Vernon B. Romney, Atty. Gen., David L. Wilkinson, William T. Evans, Asst. Atty. Gen., Salt Lake City, for plaintiff-respondent.

TUCKETT, Justice:

Defendant was charged with assault with a deadly weapon and at the trial, the jury found the defendant guilty as charged. Thereafter the court sentenced the defendant to serve not more than five years in the Utah State Prison.

Defendant is here seeking a reversal of his conviction and sentence.

During the afternoon of September 28, 1972, the defendant, accompanied by two friends, went to the La Sabre Lounge in American Fork, Utah...

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