STATE v. NEAL

No. 2 CA-CR 777.

26 Ariz. App. 423 (1976)

549 P.2d 203

The STATE of Arizona, Appellee, v. Jimmie Lee NEAL, Jr., Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 1, 1976.

Review Denied June 29, 1976.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, and Galen H. Wilkes, Assts. Attys. Gen., Phoenix, for appellee.

Gentry, McNulty, Borowiec, Hewlett & Desens by Matthew W. Borowiec and Stephen M. Desens, Bisbee, for appellant.


OPINION

HOWARD, Chief Judge.

Appellant was indicted for assaulting Frank Samuelson, Marion Parker and Gerald Spence with a deadly weapon — a shotgun. After a jury trial he was found not guilty of assault with a deadly weapon but guilty of the lesser included offense of exhibiting a deadly weapon other than in self-defense.

On appeal he contends the court erred (1) in the forms of verdict submitted to the jury, (2) by restricting defense counsel...

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