State v. Maberry

UDALL, Vice Chief Justice.

From a conviction of the crime “grand theft” and a sentence of seven to nine years in the state penitentiary Marion Andrews Maberry appeals. He contends that the sentence is excessive.

Maberry was originally charged with violation of A.R.S. § 13-303, “burglary by mechanical means.” He had been apprehended on December 8, 1961 while prying open a pay telephone. The charge of “burglary by mechanical means” carries a minimum penalty of imprisonment in the state prison for five years. To this charge the appellant pleaded not guilty. Later the Information was amended…