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STATE v. JACOBS

No. 1342.

94 Ariz. 211 (1963)

382 P.2d 683

The STATE of Arizona, Plaintiff, v. Foster JACOBS, Jr., Defendant.

Supreme Court of Arizona. In Division.

June 13, 1963.

Attorney(s) appearing for the Case

Charles N. Ronan, Maricopa County Atty., Robert F. Owens, Deputy County Atty., for State of Arizona, plaintiff.

Johnson, Roberts & Bluemle, by William H. Wood, Phoenix, for defendant.

BERNSTEIN, Chief Justice.

This is in answer to a question in a criminal case certified to this Court by the Superior Court of Maricopa County. Defendant was convicted of forgery. Motion for a new trial has been argued and taken under advisement. The defendant has not been sentenced.

The question is before this Court pursuant to Rule 346, Rules of Criminal Procedure, 17 A.R.S., which reads in applicable part:

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