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STATE v. KILLIAN

No. 2 CA-CR 1186.

118 Ariz. 408 (1978)

577 P.2d 259

The STATE of Arizona, Appellee, v. Marvin KILLIAN, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 15, 1978.

Review Denied April 4, 1978.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer III and Lynn Hamilton, Asst. Attys. Gen., Phoenix, for appellee.

Robert C. Brown, Casa Grande, for appellant.

OPINION

HOWARD, Judge.

This case involves a knifing at the Arizona State Prison. Appellant was found guilty by a jury of the crime of assault with a deadly weapon in violation of A.R.S. § 13-249 and was sentenced to a term of not less than 10 nor more than 15 years in the Arizona State Prison to run consecutively to the sentence which he was currently serving.

Appellant contends the court erred (1) in refusing to dismiss the case for failure to...

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