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STATE v. MORTIMER

No. 2103.

105 Ariz. 472 (1970)

467 P.2d 60

STATE of Arizona, Plaintiff, v. Ronald Raymond MORTIMER and Simon Ortiz Perez, Defendants.

Supreme Court of Arizona, In Banc.

April 1, 1970.

Attorney(s) appearing for the Case

Rose Silver, Pima County Atty., by William Randolph Stevens, Jr., Asst. Pima County Atty., Tucson, for plaintiff.

Leon Thikoll, Tucson, for Ronald Raymond Mortimer.

Paul Wolf, Tucson, for Simon Ortiz Perez.

HAYS, Justice.

Pursuant to Rule 346 of the Rules of Criminal Procedure, 17 A.R.S., the following question was certified to the Supreme Court:

"Is the act of masturbation by one adult male upon another adult male, with the latter's consent, where the intent of arousing, appealing to or gratifying the lust, passion or sexual desires of either of such persons is admitted, a lewd or lascivious act within the proscription of A.R.S. § 13-652, as amended?"...

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