HAYS, Chief Justice.
The defendant, Luciano Nevarez, was found guilty by a jury of lewd and lascivious acts and sentenced to not less than six nor more than eight years in the Arizona State Prison.
The testimony at trial indicated that Theresa Proffitt, an eleven-year-old girl, was delivering newspapers Sunday morning, October 18, 1970 in Bisbee, Arizona. Around 7:00 A.M. she was accosted by the defendant, ordered into a stairwell, and forced to her knees...
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