McFARLAND, Justice:
Appellant, Albert M. Daniels, hereinafter referred to as defendant, was granted this delayed appeal from his conviction by a jury on December 20, 1965, of burglary, first degree. He was sentenced to serve not less than ten nor more than eleven years in the Arizona State Penitentiary. From his conviction and sentence he appeals.
On February 4, 1965, at approximately 11:30 p.m., defendant was observed in a clothing store packing items in...
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