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STATE v. GORDON

No. 2 CA-CR 1222.

120 Ariz. 182 (1978)

584 P.2d 1173

The STATE of Arizona, Appellee, v. Robert Allen GORDON, Appellant.

Court of Appeals of Arizona, Division Two.

Rehearing Denied May 17, 1978.

Review Granted June 13, 1978.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by D. Jesse Smith, Deputy County Atty., Tucson, for appellee.

John M. Neis, Pima County Public Defender by Michael P. Roca, Asst. Public Defender, Tucson, for appellant.

OPINION

RICHMOND, Chief Judge.

This is an appeal from a judgment of guilty of assault with a deadly weapon and a sentence thereon of not less than five nor more than 15 years in the Arizona State Prison. Appellant raises only one issue: should the court have granted his motion for a judgment of acquittal for lack of substantial evidence of an attempt to commit a physical injury on the victim?1

Assault is an offer to use...

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