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STATE v. ORTIZ

No. 1378.

97 Ariz. 228 (1965)

399 P.2d 171

The STATE of Arizona, Appellee, v. Roy Vargas ORTIZ, Appellant.

Supreme Court of Arizona. En Banc.

Rehearing Denied March 16, 1965.

Attorney(s) appearing for the Case

Robert W. Pickrell, Atty. Gen., and Norman E. Green, Pima County Atty., by Carl Waag, Deputy County Atty., for appellee.

Nathan Falk, Tucson, for appellant.

ALICE TRUMAN, Judge.

The defendant, Roy Vargas Ortiz, was convicted of burglary first degree and appeals therefrom. For the purpose of the appeal we need only consider Assignment of Error No. 2, which reads as follows:

"The Trial Court erred in admitting the alleged confession of the defendant in evidence after the hearing thereon since the physical and mental condition of the defendant was such that it should have held summarily that the said confession...

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