STATE v. O'DELL

No. 2257.

108 Ariz. 53 (1972)

492 P.2d 1160

The STATE of Arizona, Appellee, v. Audie O'DELL, Appellant.

Supreme Court of Arizona, In Banc.

January 28, 1972.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by William P. Dixon, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by James H. Kemper, Deputy Public Defender, Phoenix, for appellant.


CAMERON, Vice Chief Justice.

This is an appeal from a jury verdict and judgment of guilty of robbery (§§ 13-641, et seq. A.R.S.) and a five year suspended sentence with incarceration for one year in the Maricopa County Jail (§ 13-1657, subsec. A, par. 1 A.R.S.).

Appellant presents three questions for our determination:

1. Was it error to allow the State to show an "admission by silence" by...

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