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STATE v. MILLER

No. 2282.

108 Ariz. 441 (1972)

501 P.2d 383

The STATE of Arizona, Appellee, v. Walter Gene MILLER, Appellant.

Supreme Court of Arizona, In Banc.

September 27, 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, Maricopa County Public Defender by James H. Kemper, Deputy Public Defender, Phoenix, for appellant.

CAMERON, Vice Chief Justice.

This is an appeal from a judgment of guilt to the crime of first degree (night-time) burglary (§ 13-301 et seq., A.R.S.) following a jury verdict in the Superior Court for the County of Maricopa. Defendant received a one to three year sentence.

We are called upon to determine:

1. whether the lower court erred in refusing defendant's requested instruction dealing with the inferences which might be drawn from the State...

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