STATE v. CAIN

No. 2 CA-CR 779.

27 Ariz. App. 441 (1976)

555 P.2d 1129

The STATE of Arizona, Appellee, v. Daniel Edward CAIN, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 21, 1976.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Heather A. Sigworth, Asst. Atty. Gen., Tucson, for appellee.

John M. Neis, Pima County Public Defender by Frederic J. Dardis, Asst. Public Defender, Tucson, for appellant.


HOWARD, Chief Judge.

Appellant Daniel Cain was tried and convicted of possession of a stolen motor vehicle in violation of A.R.S. Sec. 28-1423. The main question on this appeal involves a conflict between the theft and possession statutes as they existed at that time.

On January 8, 1975, at approximately 3:00 a.m., two deputy sheriffs stopped appellant after observing the two-ton U-Haul truck he was driving swerve off the road. In response to questions by...

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