585 P.2d 447 | Utah | 1978
Defendant appeals his conviction for the crime of rape,
At the trial of August 22,1977 the victim again identified defendant as the man who had raped her and also identified the red baseball cap worn by the rapist which had been recovered from defendant’s sister-in-law, Linda Haddenham. One Cindy Ange-los testified that she had seen defendant at his uncle’s home at 3185 South 2nd East on the night of May 5, 1977. The defendant was wearing levis, a levi jacket, and a hat’ and was cleaning his fingernails with a large pocket knife. A police officer, Dean Carr, also testified for the State concerning the events surrounding the arrest of defendant at the home of Randy Haddenham, a brother of defendant, and Randy’s wife Linda.
The defense then called several alibi witnesses. Randy and Linda Haddenham and others testified that the defendant had been in his or her presence during the evening of May 5, 1977. Thereafter, while in the judge’s chambers, the prosecution requested it be allowed to recall two of its witnesses. The court allowed the testimony which ruling is the subject of this appeal. The jury found defendant guilty as charged who was later sentenced to one to fifteen years at the Utah State Prison.
When a defendant intends to offer evidence of an alibi in his defense, he must serve notice upon the prosecuting attorney of where defendant claims to have been at the time of the alleged offense and the witnesses who will so testify.
. U.C.A., 1953, 76-5-402.
. U.C.A., 1953, 77-22-17(1).
. Ibid.
. Wardius v. Oregon, 412 U.S. 470, 93 S.Ct. 2208, 37 L.Ed.2d 82 (1973).
. State v. Case, Utah, 547 P.2d 221 (1976).
. U.C.A., 1953, 77-22-17(3).
. U.C.A., 1953, 77-22-17(4).
. Supra, footnote 5.