STATE v. MILLER

No. 2 CA-CR 247.

16 Ariz. App. 96 (1971)

491 P.2d 485

The STATE of Arizona, Appellee, v. Douglas Michael MILLER, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 6, 1972.

Review Denied February 1, 1972.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix by Jerry C. Schmidt, Asst. Atty. Gen., Tucson, for appellee.

Howard A. Kashman, Pima County Public Defender by Eleanor Daru Schorr, Deputy Public Defender, Tucson, for appellant.


KRUCKER, Chief Judge.

The appellant-defendant, Douglas Michael Miller, was charged along with one James Michael Colaneri with burglary. The burgled premises was an open-air fruit market on North Sixth Avenue and East Speedway in Tucson, which premises, when closed for the night, are protected by a grass screen. The appellant, a stranger in Tucson, was staying with a friend in a University of Arizona dormitory, and, having been downtown, they were attempting to return...

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