STATE v. HARDY

No. 3215.

112 Ariz. 205 (1975)

540 P.2d 677

STATE of Arizona, Appellee, v. Jimmy Dale HARDY, Appellant.

Supreme Court of Arizona, En Banc.

Rehearing Denied November 4, 1975.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer, III, and Thomas A. Jacobs, Asst. Attys. Gen., Phoenix, for appellee.

Ward, Hufford, Blue & Withers by Roy Ward, Flagstaff, for appellant.


HAYS, Justice:

After a trial by jury, defendant was convicted of kidnapping (one count) and rape (two counts) with a prior felony conviction. He was sentenced to not less than 10 years nor more than 10 years and 3 months on each count, with the sentences to run concurrently. He appeals each of the convictions. We take jurisdiction pursuant to Rule 47(e)(5), Rules of the Supreme Court.

Defendant presents five issues for our consideration:

1) whether...

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