STATE v. McGUIRE

No. 2 CA-CR 1408.

124 Ariz. 64 (1978)

601 P.2d 1348

The STATE of Arizona, Appellee, v. James Howard McGUIRE, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 25, 1978.

Review Denied November 14, 1978.


Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen. by William J. Schafer, III and Barbara A. Jarrett, Asst. Attys. Gen., Phoenix, for appellee.

John M. Neis, Pima County Public Defender by Michael P. Roca, Asst. Public Defender, Tucson, for appellant.


OPINION

HOWARD, Judge.

Appellant was convicted by a jury of the crime of possession of a pistol by a criminal and sentenced to from one to three years in the Arizona State Prison. He contends the trial court erred in denying his motion for a judgment of acquittal pursuant to Rule 20, Arizona Rules of Criminal Procedure.

On July 17, 1977 appellant entered the Brown Derby Bar and asked the bartender, Catherine Garl, if he could go into the men's restroom...

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