STATE v. SUTTON

No. 1885.

104 Ariz. 317 (1969)

452 P.2d 110

STATE of Arizona, Appellee, v. John W. SUTTON, III, Appellant.

Supreme Court of Arizona. In Banc.

Rehearing Denied April 29, 1969.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Carl Waag, Asst. Atty. Gen., Phoenix, for appellee.

Green & Lurie, by Steven M. Friedman, Phoenix, for appellant.


LOCKWOOD, Vice Chief Justice:

Defendant John W. Sutton was convicted of two counts of child molesting in violation of A.R.S. § 13-653 and sentenced to not less than six nor more than nine years on each count, the sentences to run concurrently. From the conviction and sentence defendant appeals.

At his trial defendant requested the Court to instruct the jury that contributing to the delinquency of a minor was a lesser included offense of child molesting...

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