STATE v. FORTESON

No. 1749.

102 Ariz. 554 (1967)

434 P.2d 640

The STATE of Arizona, Appellee, v. Oscar William FORTESON, Jr., Appellant.

Supreme Court of Arizona, In Banc.

December 6, 1967.


Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Carl Waag, Asst. Atty. Gen., for appellee.

Leon Thikoll, Tucson, for appellant.


BERNSTEIN, Chief Justice.

The defendant in this case was tried before a jury and convicted on a charge of robbery. He was represented by counsel during trial, however he was not so represented at the time of preliminary examination.

During the course of the trial the defendant injected into the case the question of whether his purported confession, State's Exhibit 8, had been voluntarily given. In presenting its rebuttal evidence the state called Mr. Buller...

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