STATE v. SMITH

No. 1755.

103 Ariz. 490 (1968)

446 P.2d 4

STATE of Arizona, Appellee, v. Arden Lee SMITH, Appellant.

Supreme Court of Arizona. In Banc.

October 2, 1968.


Attorney(s) appearing for the Case

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

Gerald A. Machmer, Ray A. Taylor, Phoenix, for appellant.


McFARLAND, Chief Justice:

Defendant, Arden Lee Smith, was convicted and sentenced for the crime of Burglary by Mechanical Means under A.R.S. § 13-303. From this conviction and sentence defendant has appealed.

On the morning of March 8, 1966, Officers William Gruzinski and Raymond Klies proceeded to Wesley's Jewelry located at 80 West 5th Avenue in Scottsdale where a silent burglar alarm had been tripped. One of the officers went around the building, and...

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