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STATE v. REYNOLDS

No. 1 CA-CR 196.

11 Ariz. App. 532 (1970)

466 P.2d 405

The STATE of Arizona, Appellee, v. Donald F. REYNOLDS, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

March 10, 1970.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Carl Waag and William P. Dixon, Asst. Attys. Gen., Phoenix, for appellee.

Otto H. Linsenmeyer and Frank E. Dickey, Jr., by Frank E. Dickey, Jr., Phoenix, for appellant.

CAMERON, Judge.

This is an appeal from a verdict and judgment of guilt to the crime of grand theft, a felony (A.R.S. § 13-661 and § 13-663, as amended), from the order denying defendant's motion for new trial, and from a sentence of not less than six or more than eight years in the Arizona State Prison.

We are called upon to determine:

1. Whether a second trial, after the court had granted the State's motion for mistrial in a preceding trial...

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