STATE v. McALVAIN

No. 1897.

104 Ariz. 445 (1969)

454 P.2d 987

STATE of Arizona, Appellee, v. Mickey Joe McALVAIN, Appellant.

Supreme Court of Arizona. In Division.

Rehearing Denied July 8, 1969.


Attorney(s) appearing for the Case

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

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


HAYS, Justice.

The defendant, Mickey Joe McAlvain, hereinafter designated as appellant, was found guilty by a jury of the charge of aggravated battery with a prior. The victim, Lyle C. Lewis, and a Mr. Sanson during the early morning hours were waiting for their wives across the street from Chester's Bar on West Indian School in Phoenix, Arizona. After attracting the attention of their wives driving by, Lewis and Sanson crossed the street to where they had stopped...

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