STATE v. DUTTON

No. 2074.

106 Ariz. 463 (1970)

478 P.2d 87

STATE of Arizona, Appellee, v. Jeff Allan DUTTON, Appellant.

Supreme Court of Arizona, In Banc.

December 23, 1970.


Attorney(s) appearing for the Case

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

Goodson, Richmond, Rose & Wolfram, by Donald E. Wolfram, Phoenix, for appellant.


LOCKWOOD, Chief Justice:

Appellant (hereinafter referred to as defendant) was convicted below of first degree rape, with a prior conviction. He was sentenced to a term of not less than twelve nor more than fifteen years, the minimum sentence with a prior conviction being ten years. He appeals, claiming insufficiency of the evidence, prejudicial remarks by the trial judge and the prosecuting attorney, and erroneous instructions to the jury.

The facts adduced...

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