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STATE v. COLSON

No. 1 CA-CR 337.

17 Ariz. App. 598 (1972)

499 P.2d 726

STATE of Arizona, Appellee, v. Forrest Lee COLSON, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied August 23, 1972.

Review Denied October 10, 1972.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by William P. Dixon, Louis A. Moore, Jr., Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Public Defender by Anne Kappes, Deputy Public Defender, Phoenix, for appellant.

EUBANK, Judge.

This appeal by the defendant from a judgment of guilt and his sentence to the state prison for two to five years raises two questions for our consideration:

1. Was there a fatal variance between the information and the State's proof when the State's evidence was that Dana Brothers Shamrock Service Station was a sole proprietorship owned by one Ferrell Dana? 2. Should the Court have instructed...

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