STATE v. HATTEN

No. 2029.

106 Ariz. 239 (1970)

474 P.2d 830

STATE of Arizona, Appellee, v. George Elliot HATTEN, Appellant.

Supreme Court of Arizona, In Division.

September 23, 1970.


Attorney(s) appearing for the Case

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

Ross P. Lee, Public Defender, Phoenix, Anne Kappes, Deputy Public Defender, Phoenix, for appellant.


LOCKWOOD, Chief Justice:

The defendant was found guilty by a jury of first degree burglary. (A.R.S. §§ 13-301 and 302). He admitted a prior conviction and was sentenced to not less than ten nor more than eleven years in prison. He appeals.

The evidence presented at the trial showed that on December 19, 1968, Angeline Roszak left her home at 309 East Pierce Street, Phoenix, Arizona, about eleven o'clock in the morning to go to the library. When she...

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