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STATE v. GORTAREZ

No. 1816.

103 Ariz. 395 (1968)

442 P.2d 842

STATE of Arizona, Appellee, v. Alex Lechuga GORTAREZ, Appellant.

Supreme Court of Arizona. In Banc.

Rehearing Denied September 17, 1968.

Attorney(s) appearing for the Case

Vernon B. Croaff, Public Defender, by Grant Laney, Deputy Public Defender, for appellant.

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

McFARLAND, Chief Justice:

Defendant, Alex L. Gortarez, and a co-defendant, Robert Cruz Caldera, were each charged with, tried, and acquitted of two counts of kidnapping in Maricopa County. In a third count, defendant Alex L. Gortarez was charged with and found guilty of assault with a deadly weapon, a felony in violation of § 13-249 (Supp. 1967), 5 A.R.S.

On the night of October 1, 1966, in Phoenix, Arizona, two sisters, Rosie, 14 years of age, and Viola...

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