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STATE v. CHURCH

No. 2382.

109 Ariz. 39 (1973)

504 P.2d 940

The STATE of Arizona, Appellee, v. Richard "Swede" CHURCH, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied January 30, 1973.

Attorney(s) appearing for the Case

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

Barber, Haralson, Giles & Moore, by Charles M. Giles, Tucson, for appellant.

KRUCKER, Judge.

This is an appeal from a judgment of conviction on a plea of guilty to the crime of assault with a deadly weapon under A.R.S. § 13-249, as amended, and from a sentence of not less than 35 nor more than 50 years. Appellant has raised the following questions for our consideration:

1. Is A.R.S. § 13-249, subsec. B, as amended, vague and thus unconstitutional? 2. Can a defendant be...

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