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STATE v. NICHOLS

No. 2 CA-CR 228.

15 Ariz. App. 25 (1971)

485 P.2d 849

The STATE of Arizona, Appellee, v. Theodore NICHOLS, Appellant.

Court of Appeals of Arizona, Division 2.

Review Denied September 28, 1971.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by John S. O'Dowd, Asst. Atty. Gen., Phoenix, for appellee.

John F. Corcoran, Tucson, for appellant.

KRUCKER, Chief Judge.

This court has previously issued an opinion in this case dated March 31, 1971, State v. Nichols, 14 Ariz.App. 312, 483 P.2d 53 (1971), in which we reversed the trial court on the ground of an apparently erroneous jury instruction. However, on motion to rehear, the State has called to our attention a recent Arizona Supreme Court opinion, State v. Michael,

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