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10 Ariz. App. 478 (1970)
460 P.2d 44
The STATE of Arizona, Appellee,
v.
Norman Grant WALKER, Appellant.
No. 2 CA-CR 201.
Court of Appeals of Arizona, Division 2.
March 4, 1970.
*479 Gary K. Nelson, Atty. Gen., by Carl Waag, Asst. Atty. Gen., for appellee.
Ross P. Lee, Public Defender, by Anne Kappes, Asst. Public Defender, for appellant.
KRUCKER, Judge.
The appellant, Norman Grant Walker, was convicted by a jury of attempted burglary. From the judgment and sentence rendered by the court, he appeals.
The facts in the instant case are that sometime between 7:00 and 7:30 on the morning of the 17th of December, 1967, the crime was committed at the Circle K store on Van Buren Street in the City of Tucson.
During the robbery and while he was at the scene, the appellant left one of the many fire extinguishers on the floor near the entrance of the store.
At about 10:00 a.m., on the morning of the 18th of December, 1967, a police officer responded to a burglary alarm at the Circle K store. Upon his arrival he found three fire extinguishers on the floor near the door where the burglary had apparently occurred.
There were no customers present and the clerk was not there. The three extinguishers were right in front of the door. One of them was on top of the others and they were pointing toward the store. The officer found some scorch marks on the pavement leading to the store. The scorch marks were approximately 30 feet from the extinguishers. The officer lifted the top of the extinguishers and saw that the fire extinguisher body was still full.
A bill of exceptions was made in order to show the testimony of a witness, Mr. Burt, who was to have testified as to the condition of the extinguishers. He said that he had observed the night before that there were no fire extinguishers on the floor near the door of the store, and that there were three ac619d1d87
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