State v. Rothe

STANFORD, Justice.

Harry Ronald Rothe, appellant, was found guilty by a jury of the charge of aggravated assault, a felony, and he appeals from the judgment of conviction and claims excessive sentence imposed thereon.

The facts show that while appellant was at his sister’s house in Tucson, Arizona, he took his child, the daughter of the prosecutrix, Mrs. Lydia Rothe and together with his own mother started to drive away, asserting that he was tired of the prosecutrix’ tantrums and was going to take the child and leave. Before driving away, the appellant twice attempted to remove the prosecutrix…