HAYS, Justice.
Defendant Charles Tilton Acree was convicted of assault with a deadly weapon, to wit, a gun, in violation of A.R.S. § 13-249. We have jurisdiction pursuant to 17A A.R.S. Rules of the Supreme Court, rule 47(e)(5).
Early in the evening of August 10, 1977, Acree argued with a third party about a debt. The victim, Doris Hartman, overheard the argument but did not participate in it. Acree was angry and left the scene of the argument, returning...
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