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STATE v. McCULLOUGH

No. 1259.

94 Ariz. 209 (1963)

382 P.2d 682

The STATE of Arizona, Appellee, v. Elisha McCULLOUGH, Appellant.

Supreme Court of Arizona. In Division.

June 12, 1963.

Attorney(s) appearing for the Case

Robert Pickrell, Atty. Gen., Phoenix, Norman E. Green, County Atty., of Pima County, Carl Waag, Deputy County Atty., Tucson, for appellee.

John R. McDonald, Tucson, for appellant.

LOCKWOOD, Justice.

This is an appeal by Elisha McCullough from a conviction in the Superior Court of Pima County of the crime of attempted robbery.

The defendant, along with William Welch, both masked, entered Kadjan's Liquor Store in Tucson, Arizona. The defendant pulled a pistol on John Dearhammer, a store clerk, and Dearhammer testified that the following conversation immediately took place:

"Q. Describe what took place that evening which you characterize...

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