State v. Rodgers

BERNSTEIN, Justice.

This case is before us on a petition to ^review the Court of Appeals’ decision, 7 Ariz.App. 29, 435 P.2d 864, affirming a judgment of the Superior Court of Cochise 'County. The decision of the Court of Appeals is vacated. The judgment of the trial court is reversed and the case is remanded for a new trial.

Defendant, Jerome L. Rodgers, was convicted of assault with a deadly weapon and placed on probation. The facts giving rise to his conviction follow: Rodgers, an enlisted man in the United States Army stationed at Fort Huachuca, Arizona, was •on the evening of the alleged…