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STATE v. WILDEN

No. 2292.

107 Ariz. 618 (1971)

491 P.2d 472

STATE of Arizona, Plaintiff, v. John J. WILDEN and Jack Ray Wilden, Defendants.

Supreme Court of Arizona, In Banc.

December 10, 1971.

Attorney(s) appearing for the Case

Moise Berger, Maricopa County Atty. by V. Gene Lewter, Deputy County Atty., Phoenix, for plaintiff.

Kuhse, Petrie & Reynolds, P.C. by Joe S. Reynolds, for defendants.

HAYS, Vice Chief Justice.

Pursuant to the provisions of Rule 346, Rules of Criminal Procedure, 17 A.R.S., the following question was certified to this court:

"In criminal proceeding where respective counsel have discussed with court and have agreed to refrain from all argument to jury regarding punishment and all statutory references as to punishment have been stricken from the defendants' requested instruction, is the argument of the county attorney during...

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