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STATE v. PIERSON

No. 2208.

107 Ariz. 386 (1971)

489 P.2d 23

STATE of Arizona, Appellee, v. David E. PIERSON, Appellant.

Supreme Court of Arizona, In Division.

Rehearing Denied November 4, 1971.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Carl Waag, Former Asst. Atty. Gen. and Albert M. Coury, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Public Defender, Maricopa County by Anne Kappes, Deputy Public Defender and William Carter, Former Deputy Public Defender, Phoenix, for appellant.

HAYS, Vice Chief Justice.

David E. Pierson, defendant-appellant, was tried and convicted by a jury on April 14, 1966, of attempted robbery and sentenced to prison. An appeal from that conviction was taken to this court in 1967 and we found the defendant's contention of reversible error, i.e., comment of prosecutor on failure of defendant to take the stand, to be without merit and affirmed the judgment. State v. Pierson, 102 Ariz. 90

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