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STATE v. PADILLA

No. 2008.

106 Ariz. 230 (1970)

474 P.2d 821

STATE of Arizona, Appellee, v. Edward PADILLA and Earl Padilla, Appellants.

Supreme Court of Arizona, In Banc.

October 1, 1970.

Attorney(s) appearing for the Case

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

William A. Harrell, Phoenix, for appellants.

HAYS, Justice.

Edward and Earl Padilla were charged with assault with intent to commit rape and kidnapping. The trial judge directed a verdict for Earl on the first charge but the jury found him guilty of kidnapping. Edward was convicted of both crimes. From their convictions they have appealed.

The facts adduced at trial indicate that on April 19, 1968, at approximately 12:30 a.m., Debra, age 15, left her home following...

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