HOLOHAN, Justice.
The defendant, Joseph Nathan Evans, was found guilty, after a jury trial, of assault with intent to commit robbery, with a prior conviction. He was sentenced to ten years' probation conditioned upon serving eight to ten years in the state prison.
The facts necessary for determination of this appeal are that on September 11, 1970, one Paul Tovar was making a telephone call from a public booth at the corner of Van Buren and 20th Streets in...
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