STATE v. JOHNSON

No. 1415.

97 Ariz. 27 (1964)

396 P.2d 392

STATE of Arizona, Appellee, v. Tom Datres JOHNSON, Appellant.

Supreme Court of Arizona, In Division.

November 4, 1964.


Attorney(s) appearing for the Case

Robert W. Pickrell, Atty. Gen., and Robert S. Murlless, Asst. Atty. Gen., for appellee.

Ross Anderson, Phoenix, for appellant.


UDALL, Chief Justice.

Tom Johnson was one of two defendants tried jointly and convicted of burglary in the first degree. The other defendant, Marvin Harris, is not a party to this appeal by Johnson.

The facts are as follows: About 12:20 a.m. on the morning of May 29, 1963, at the Richfield gas station on the northeast corner of 7th Avenue and Indian School Road in Phoenix, Norman Sands, an employee of the gas station, saw defendant Harris bending over some...

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