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STATE v. THOMAS

No. 1867.

104 Ariz. 408 (1969)

454 P.2d 153

STATE of Arizona, Appellant, v. Carl Anthony THOMAS, Appellee.

Supreme Court of Arizona. In Banc.

May 14, 1969.

Attorney(s) appearing for the Case

Robert K. Corbin, Maricopa County Atty., H. Charles Eckerman, Deputy County Atty., Phoenix, for appellant.

Cavness, DeRose, Senner & Foster, by Tom C. Foster, Phoenix, for appellee.

HAYS, Justice.

The appellee, Carl Anthony Thomas, hereinafter referred to as defendant, was convicted of first degree burglary with a prior. The trial court granted the defendant's motion for a new trial and the state brought this appeal pursuant to A.R.S. § 13-1711 and § 13-1712. The trial court entered the following order:

"THE COURT FINDS that the defendant should be granted a new trial for the reason that substantial rights of the defendant...

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