State v. Duncan

LOCKWOOD, Chief Justice:

Defendant, James Chester Duncan, was convicted of assault with a deadly weapon (A.R.S. § 13-249) and sentenced to not less than one nor more than two years in the Ariziona State Prison. He appeals.

The facts are as follows: During part of July, 1967, riots erupted in parts of Phoenix. The Mayor declared an emergency and invoked a curfew. Arizona Highway Patrolmen were called in to patrol the riot-torn areas of the city.

The defendant lived in a section of Phoenix which had seen some of the worst trouble. On July 27th, the defendant left' his night job at a. steel factory…