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STATE v. GIBSON

No. 1704.

103 Ariz. 428 (1968)

443 P.2d 424

STATE of Arizona, Appellee, v. Edward Francis GIBSON, Appellant.

Supreme Court of Arizona. In Division.

July 12, 1968.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Darrell F. Smith, former Atty. Gen., Anthony H. Mason, Asst. Atty. Gen., for appellee.

Anne Kappes, Phoenix, for appellant.

STRUCKMEYER, Justice.

The appellant, Edward Francis Gibson, was convicted on July 27, 1960, of the crime of rape, a violation of A.R.S. § 13-611, and sentenced to 20 to 25 years in the state penitentiary. He filed a timely notice of appeal but before the matter was docketed in this Court his counsel presented to the lower court a motion to dismiss upon which an order of dismissal was entered. Gibson was incarcerated in the state penitentiary at Florence, Arizona...

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