STATE v. SIMS

No. 1 CA-CR 1685.

114 Ariz. 292 (1977)

560 P.2d 810

STATE of Arizona, Appellee, v. Wayne Anthony SIMS, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

As Modified on Denial of Rehearing February 9, 1977.

Review Denied March 8, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div., R. Wayne Ford, Asst. Atty. Gen., Phoenix, for appellee.

George M. Sterling, Jr., Phoenix, for appellant.


OPINION

EUBANK, Judge.

This is an appeal from a judgment of conviction for aggravated battery. The appellant raises two issues for our consideration. First, he argues the evidence submitted was insufficient to support a conviction of aggravated battery, and second, he contends A.R.S. § 13-245(A) is unconstitutionally vague. However, before we examine appellant's contentions it is necessary to discuss two preliminary questions raised in the State's answering...

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