STATE v. FORTESON

No. 2 CA-CR 132.

8 Ariz. App. 468 (1968)

447 P.2d 560

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

Court of Appeals of Arizona.

Rehearing Denied December 20, 1968.

Review Denied January 21, 1969.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Darrell F. Smith, Former Atty. Gen., Carl Waag, Asst. Atty. Gen., for The State of Arizona.

Leon Thikoll, Tucson, for Oscar William Forteson, Jr.


MOLLOY, Judge.

We have here two appeals in a single criminal action. The defendant has appealed from a conviction of possession of a "pistol" by one who has been convicted of a "crime of violence," as those terms are defined in A.R.S. § 13-919, and the State has appealed from the dismissal of a count in the criminal complaint charging burglary.

We dispose of the State's appeal first. The legal problem presented is whether a previous acquittal as to a...

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