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GAITOR v. STATE

No. 19986.

801 P.2d 1372 (1990)

Jamie GAITOR and Donald Lee Allen, Appellants, v. The STATE of Nevada, Respondents.

Supreme Court of Nevada.

November 28, 1990.

Attorney(s) appearing for the Case

Mark B. Bailus, Las Vegas, for appellant Jamie Gaitor.

Leslie Mark Stovall, Las Vegas, for appellant Donald Lee Allen.

Brian McKay, Atty. Gen., Carson City, Rex Bell, Dist. Atty., James N. Tufteland, Chief Deputy Dist. Atty., and William P. Henry, Deputy Dist. Atty., Clark County, Las Vegas, for respondent.

OPINION

MOWBRAY, Justice:

Sometime around 8:30 p.m. on September 9, 1988, the victim, James Lockhart was approached by two men while walking in a parking lot near 7th and Carson Streets in Las Vegas, Nevada. One of the men called, "Hey, you!" and Lockhart turned and saw the faces of the men who were standing about an arm's length away.

Lockhart was grabbed by one of the men and an altercation ensued. He felt a hand go into his back pocket where he...

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