No. 2 CA-CR 2165.

130 Ariz. 33 (1981)

633 P.2d 442

The STATE of Arizona, Appellee, v. Thomas Hildrilth ROSS, Jr., Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 22, 1981.

Review Denied September 17, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Diane M. Ramsey, Asst. Attys. Gen., Phoenix, for appellee.

Michael J. Brady, Tucson, for appellant.


HOWARD, Judge.

The determinative issue in this case is whether the trial court erred when it refused to give appellant's "no retreat" instruction.

A jury found appellant guilty of aggravated assault in violation of A.R.S. § 13-1204(A)(2) and found that he committed the crime while using or exhibiting a deadly weapon or dangerous instrument. He was sentenced to the minimum of imprisonment, five years. A.R.S. § 13-604(G).


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