STATE v. SMITH

No. 1552.

99 Ariz. 106 (1965)

407 P.2d 74

The STATE of Arizona, Appellee, v. LeRoy SMITH, Appellant.

Supreme Court of Arizona. In Division.

Rehearing Denied November 23, 1965.


Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Norman E. Green, Pima County Atty., by Gordon T. Alley, Deputy County Atty., for appellee.

Philip S. Malinsky, Tucson, for appellant.


McFARLAND, Justice:

This is an appeal from the conviction and sentence of LeRoy Smith, hereinafter referred to as defendant, for the crime of passing a forged check in violation of A.R.S. § 13-421. Defendant was sentenced to a term of not less than ten nor more than eleven years in the Arizona state prison. From the conviction and sentence defendant appeals.

On the afternoon of March 24, 1964, defendant pulled into the Mexico Way Texaco station, located...

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