LOCKWOOD, Chief Justice:
Defendant, James Chester Duncan, was convicted of assault with a deadly weapon (A.R.S. § 13-249) and sentenced to not less than one nor more than two years in the Ariziona State Prison. He appeals.
The facts are as follows: During part of July, 1967, riots erupted in parts of Phoenix. The Mayor declared an emergency and invoked a curfew. Arizona Highway Patrolmen were called in to patrol the riot-torn areas of the city.
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