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STATE v. MIKELS

No. 2 CA-CR 1256-2.

119 Ariz. 561 (1978)

582 P.2d 651

The STATE of Arizona, Appellee, v. Terry Max MIKELS, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 18, 1978.

Review Denied August 10, 1978.

Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen. by William J. Schafer, III and Gerald R. Grant, Asst. Attys. Gen., Phoenix, for appellee.

Douglas P. Mitchell, Tucson, for appellant.

OPINION

HOWARD, Judge.

The state presented evidence to a grand jury which showed that between the 24th and 28th of February 1977, appellant and several other cellmates committed acts of sodomy on one Charles Spindler in the shower stall of a jail cell in Pima County. The grand jury returned an indictment based upon this evidence which stated:

"On or about the 25th day of February, 1977, ... TERRY MAX MIKELS ... committed the infamous crime against...

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