STATE v. SMITH

No. 2217.

108 Ariz. 121 (1972)

493 P.2d 904

STATE of Arizona, Appellee, v. Robert Junior SMITH, Appellant.

Supreme Court of Arizona, In Banc.

February 9, 1972.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by William P. Dixon, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Public Defender, by James H. Kemper, Deputy Public Defender, Phoenix, for appellant.


HOLOHAN, Justice:

Appellant, Robert Junior Smith, was convicted in the Superior Court of Maricopa County after trial by jury of two counts of assault with a deadly weapon in violation of A.R.S. § 13-249; he was thereafter sentenced to confinement for not less than five nor more than six years on each count, the sentence on each count to be served concurrently. A timely appeal was taken to this Court.

The evidence in the case discloses that Officer Harden...

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