STATE v. MONTIJO

No. 2 CA-CR 1133.

117 Ariz. 600 (1977)

574 P.2d 466

The STATE of Arizona, Appellee, v. Antonio V. MONTIJO, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 15, 1977.

Review Denied December 6, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Philip G. Urry, Asst. Atty. Gen., Tucson, for appellee.

John M. Neis, Pima County Public Defender by David J. Damron, Asst. Public Defender, Tucson, for appellant.


OPINION

RICHMOND, Judge.

Appellant was found guilty by a jury of exhibiting a deadly weapon not in self-defense, a felony, A.R.S. § 13-916, as amended, and placed on probation for three years. On appeal he alleges reversible error in the following respects:

1. He was precluded from offering evidence that the alleged victim did not feel threatened.

2. The trial court refused to instruct the jury on careless handling or discharging of a...

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