STATE v. FLYNN

No. 2476.

109 Ariz. 545 (1973)

514 P.2d 466

STATE of Arizona, Appellee, v. Edmund Patrick FLYNN, Appellant.

Supreme Court of Arizona, In Banc.

September 20, 1973.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Peter Van Orman, Asst. Atty. Gen., Phoenix, for appellee.

Mickey L. Clifton, Phoenix, for appellant.


LOCKWOOD, Justice:

The defendant was convicted on one count of forcible rape and on one count of statutory rape. He was sentenced on each count to not less than five nor more than ten years, to run concurrently. From his conviction and sentencing he appeals.

He was initially tried in August 1971 but because the jury could not reach a verdict, the proceedings ended in a mistrial.

At the second trial, the defendant was tried on two counts of forcible...

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