STATE v. BERRY

No. 1661.

101 Ariz. 310 (1966)

419 P.2d 337

STATE of Arizona, Appellee, v. Herbert Otis BERRY, Appellant.

Supreme Court of Arizona. In Banc.

October 19, 1966.


Attorney(s) appearing for the Case

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

E. Coleman Gorman, Phoenix, for appellant.


BERNSTEIN, Vice Chief Justice.

The appellant, hereinafter referred to as defendant, was charged by Information with the molestation of a child under 15 years of age in violation of A.R.S. § 13-653. He was tried by jury in the Superior Court for Maricopa County and convicted.

The State's major witness, a six-year-old girl, testified that the defendant had urged her to enter a house trailer located on the premises of a family friend and there committed...

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