STATE v. TILLERY

No. 1835.

107 Ariz. 34 (1971)

481 P.2d 271

The STATE of Arizona, Appellee, v. Daniel Webster TILLERY, Appellant.

Supreme Court of Arizona, In Banc.

February 19, 1971.


Attorney(s) appearing for the Case

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

Mangum, Wall & Stoops by Richard K. Mangum, Flagstaff, for appellant.


UDALL, Justice:

Daniel Webster Tillery appeals from his conviction of assault with a deadly weapon and armed robbery. He was sentenced to serve consecutive prison terms of not less than nine nor more than ten years for the former offense and not less than fifteen nor more than thirty years for the latter.

The evidence introduced at trial indicates that on January 31, 1967, at approximately 5:30 p.m., defendant and his brother, Albert, stopped at the "Cliff...

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