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STATE v. SCANLON

No. 1782-2.

108 Ariz. 399 (1972)

499 P.2d 155

STATE of Arizona, Appellee v. Michael Patrick SCANLON, Appellant.

Supreme Court of Arizona, In Division.

July 13, 1972.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Paul J. Prato, Asst. Atty. Gen., Phoenix, for appellee.

Barber, Haralson, Giles & Moore by Charles M. Giles, Tucson, for appellant.

HAYS, Chief Justice.

In 1967 defendant, Michael Patrick Scanlon, was convicted of the attempted rape of his eleven-year-old stepdaughter. He appealed, and we affirmed. State v. Scanlon, 104 Ariz. 187, 450 P.2d 377.

Shortly thereafter, defendant filed a motion for a new trial based on newly-discovered evidence. He invoked Rule 310 of the Arizona Rules of Criminal Procedure, 17 A.R.S., which...

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