STATE v. HERKSHAN

No. 2016.

105 Ariz. 394 (1970)

465 P.2d 587

The STATE of Arizona, Appellee, v. James Nelson HERKSHAN, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied March 24, 1970.


Attorney(s) appearing for the Case

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

Royal & Carlson, Tucson, for appellant.


HAYS, Justice.

Defendant James Nelson Herkshan was tried and convicted of aggravated battery committed while armed with a gun, in violation of A.R.S. § 13-245. He was sentenced to a term of five to six years at the Arizona State Prison. By this appeal defendant challenges the trial court's instructions defining the word "armed" as used in A.R.S. § 13-245, subsec. C.

Herkshan was arrested for beating up on one Jasper Kinsley in Tucson. Apparently...

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