STATE v. DUNCAN

No. 1900.

105 Ariz. 426 (1970)

466 P.2d 380

STATE of Arizona, Appellee, v. James Chester DUNCAN, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied April 14, 1970.


Attorney(s) appearing for the Case

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

Machmer, Lehman & Cantor, by Lawrence C. Cantor, Phoenix, for appellant.


LOCKWOOD, Chief Justice:

Defendant, James Chester Duncan, was convicted of assault with a deadly weapon (A.R.S. § 13-249) and sentenced to not less than one nor more than two years in the Ariziona State Prison. He appeals.

The facts are as follows: During part of July, 1967, riots erupted in parts of Phoenix. The Mayor declared an emergency and invoked a curfew. Arizona Highway Patrolmen were called in to patrol the riot-torn areas of the city.

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