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STATE v. GARY

No. 3253.

112 Ariz. 470 (1975)

543 P.2d 782

The STATE of Arizona, Plaintiff-Appellee, v. Lloyd Emett GARY, Defendant-Appellant.

Supreme Court of Arizona, In Banc.

December 18, 1975.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer III and John Pressley Todd, Asst. Attys. Gen., Phoenix, for plaintiff-appellee.

Atmore Baggot, Phoenix, for defendant-appellant.

CAMERON, Chief Justice.

This is an appeal by Lloyd Emett Gary from a conviction of assault with a deadly weapon, A.R.S. § 13-249. The trial court suspended sentence, placed defendant on probation, and ordered that defendant spend six months in the Maricopa County Jail, incarceration to date from 23 September 1974.

On appeal, defendant raises two issues:

1. Did the trial court err in denying defendant's motion for a directed verdict?

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