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STATE v. CHITWOOD

No. 1016.

73 Ariz. 161 (1951)

239 P.2d 353

STATE v. CHITWOOD.

Supreme Court of Arizona.

Opinion Modified on Rehearing February 25, 1952.

Attorney(s) appearing for the Case

Fred O. Wilson, Atty. Gen., Earl Anderson, Asst. Atty. Gen., Robert Morrison, County Atty., Pima County, Morris K. Udall, Chief Deputy County Atty., Tucson, for appellant.

Scruggs, Butterfield & Rucker, Tucson, for appellee.

Opinion Modified on Rehearing February 25, 1952. See 73 Ariz. 314, 240 P.2d 1202.

PHELPS, Justice.

This is an appeal by the state from an order granting defendant's motion in arrest of judgment and from the order granting his motion for a new trial, and from the whole of said order.

The defendant was charged by indictment with having, during the fall of the year 1946, wilfully, unlawfully...

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