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STATE v. CALDWELL

No. 3744.

117 Ariz. 464 (1977)

573 P.2d 864

STATE of Arizona, Appellee, v. Russell Lee CALDWELL, Appellant.

Supreme Court of Arizona, In Banc.

December 21, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., William J. Schafer, III, Chief Counsel, Criminal Division, Georgia B. Ellexson, Asst. Atty. Gen., Phoenix, for appellee.

Westover, Choules, Shadle & Bowen, P.C. by Allen J. Clark, Yuma, for appellant.

GORDON, Justice:

On the evening of July 15, 1976, Harry Seth and Robert Guy arrived at a house occupied by Tucker to purchase some marijuana from three of Tucker's friends, Lester Fenderson, Lex Allen and the appellant. Seth and Guy entered the house at different times where, pursuant to a prearranged plan, they were bound and robbed by Tucker's friends.1 While there is no evidence that Caldwell...

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