STATE v. DYKES

No. 1 CA-CR 905.

114 Ariz. 592 (1977)

562 P.2d 1090

STATE of Arizona, Appellee, v. Louis J. DYKES Appellant.

Court of Appeals of Arizona, Division 1, Department C.

Rehearing Denied March 30, 1977.

Review Denied April 19, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div., Shirley H. Frondorf, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Rudy J. Gerber, Deputy Public Defender, Phoenix, for appellant.


EUBANK, Judge.

This appeal raises primarily the issue of the use of appellant's silence upon being arrested as evidence of his criminal negligence in a subsequent manslaughter trial. It also raises the issue of the federal government's exclusive criminal jurisdiction over the Gila Bend Air Force Gunnery Range.

Appellant and James Dale McDaniel, previously had organized expeditions to the Gila Bend Gunnery Range, a 2.75 million acre military facility lying...

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