STATE v. TIGUE

No. 1300.

95 Ariz. 45 (1963)

386 P.2d 402

STATE of Arizona, Appellee, v. Donald P. TIGUE and Herman Schipper, Appellants.

Supreme Court of Arizona, In Division.

October 30, 1963.


Attorney(s) appearing for the Case

Connors & Corbin, by Stephen W. Connors, Phoenix, for appellants.

Robert W. Pickrell, Atty. Gen., Merton E. Marks, Asst. Atty. Gen., and Charles N. Ronan, County Atty., for appellee.


BERNSTEIN, Chief Justice.

Appellants, defendants in a criminal action, were convicted of burglary in the nighttime and burglary by mechanical means.

Defendants were drving on South Central Avenue in Phoenix on the morning of April 13, 1962. Police stopped their car about 3:30 A.M. because one headlight was out. Recognizing the occupants and smelling alcohol on the driver, the officer asked defendant Tigue to step out of the car. His eyes appeared "watery and...

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