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STATE v. MONKS

1 CA-CR 29.

1 Ariz. App. 518 (1965)

405 P.2d 456

STATE of Arizona, Appellee, v. Charles MONKS, Appellant.

Court of Appeals of Arizona.

September 9, 1965.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., by Gary Nelson, Asst. Atty. Gen., for appellee.

John J. Doherty, Phoenix, for appellant.

CAMERON, Judge.

The defendant, Charles Monks, was convicted by a jury of the crime of burglary in the nighttime as defined by A.R.S. Section 13-302, subsec. B. A motion for new trial was denied and the defendant brings this appeal.

The material facts stated as they must be, in the light most favorably to sustaining the conviction. State v. Smith, 91 Ariz. 49, 369 P.2d 901 (1962), are as...

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