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STATE v. MUNOZ

No. 2 CA-CR 856.

114 Ariz. 466 (1976)

561 P.2d 1238

The STATE of Arizona, Appellee, v. Tony MUNOZ, Jr., Appellant.

Court of Appeals of Arizona, Division 2.

December 30, 1976.

Attorney(s) appearing for the Case

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

Robert S. Martinez and Severiano A. Rodarte, Phoenix, for appellant.

OPINION

HOWARD, Chief Judge.

Appellant appeals his conviction for assault with intent to commit rape. The facts viewed in the light most favorable to upholding the verdict, State v. Trotter, 110 Ariz. 61, 514 P.2d 1249 (1973) are as follows.

On the evening of October 26, 1975, the victim, age 16, was spending the night with her mother's permission at the home of her cousin...

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