STATE v. FLING

No. 998.

69 Ariz. 94 (1949)

210 P.2d 221

STATE v. FLING.

Supreme Court of Arizona.

October 3, 1949.


Attorney(s) appearing for the Case

Fred O. Wilson, Atty. Gen., Charles Rogers, Asst. Atty. Gen., Maurice Barth, Asst. Atty. Gen., Carl D. Hammond, Co. Atty., Mohave Co., Kingman, for appellee.

Morgan & Locklear, of Phoenix & Prescott, for appellant.


LaPRADE, Chief Justice.

Clyde Fling, defendant-appellant, was by a jury convicted of the crime of aggravated assault, a felony. The "aggravation" had its origin in the allegation of the information that defendant assaulted the complaining witness in the private home of the latter. By section 43-603, A.C.A. 1939, it is provided that when any person goes into a private home and there is guilty of an assault or battery, such assault or battery is "aggravated." This appeal...

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