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STATE v. BAINCH

No. 2262.

109 Ariz. 77 (1973)

505 P.2d 248

STATE of Arizona, Appellee, v. Nathaniel BAINCH, Appellant.

Supreme Court of Arizona, In Banc.

January 18, 1973.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Peter Van Orman, Asst. Atty. Gen., Phoenix, for appellee.

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

HOLOHAN, Justice:

The defendant, Nathaniel Bainch, was tried and found guilty of robbery. He appeals from the judgment of conviction and sentence of five to six years in prison.

The record discloses that on July 3, 1970, Pedro Iglesias, an 80-year-old man, had been shopping at a J.C. Penney store in Phoenix. He was sitting on the sidewalk, with a shopping bag full of purchases at his side, waiting for a bus to take...

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