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STATE v. MARIN

No. 2154.

107 Ariz. 580 (1971)

490 P.2d 1170

STATE of Arizona, Appellee, v. Ruben MARIN, Appellant.

Supreme Court of Arizona, In Banc.

November 17, 1971.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Albert M. Coury, Asst. Atty. Gen., Phoenix, for appellee.

Leonard N. Sowers, Kearny, for appellant.

UDALL, Justice:

Ruben Marin, defendant below, appeals from convictions of assault with intent to commit murder and assault with a deadly weapon.

The record shows that on or about the 13th of November, 1969, defendant and four other men (Dorotheo Perez, Jose O'Dell, Jr., Pedro Munoz and the victim, Antonio Villa) met at the La Fortuna Tavern in Casa Grande. An argument developed between Villa and Munoz. It appears that Munoz unsuccessfully attempted to provoke...

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