Cited by

Opinions in Arizona that cite State v. Mitchell, 478 P.2d 517.

64 citing documents.

State v. Tinghitella 491 P.2d 834 Ariz. 1971
State v. Tinghitella 491 P.2d 834 Ariz. 1971
we again mentioned the “identical elements test” as used in State v. Westbrook, supra, and we indicated a practical method for determining whether § 13-1641 has been violated: “eliminate the elements in one charge and determine whether the facts left would support the other charge.” 106 Ariz. at
State v. George 491 P.2d 838 Ariz. 1971
State v. George 491 P.2d 838 Ariz. 1971
§ 13-1641 provides that an “act or omission which is made punishable in different ways by different sections of the laws may be punished under either, but in no event under more than one.” at 495 , at 520 (1970), this Court, reaffirming the “identical elements test” , which test was to be used in determining whether § 13-1641 had been violated, stated: “The practical test is to eliminate the elements in one charge and determ
State v. Brooks 487 P.2d 387 Ariz. 1971
State v. Brooks 487 P.2d 387 Ariz. 1971
State v. Seelen 485 P.2d 826 Ariz. 1971
State v. Seelen 485 P.2d 826 Ariz. 1971
State v. Schwartz 484 P.2d 1060 Ariz. Ct. App. Div. 1 1971
State v. Schwartz 484 P.2d 1060 Ariz. Ct. App. Div. 1 1971
State v. Burchett 484 P.2d 181 Ariz. 1971
State v. Burchett 484 P.2d 181 Ariz. 1971
State v. Mendoza 481 P.2d 844 Ariz. 1971
State v. Mendoza 481 P.2d 844 Ariz. 1971
Court, wherein the defendant was charged with attempted kidnapping while armed with a gun, Count I, and assault with a deadly weapon or instrument, to wit: a gun, Count II, both offenses or counts arising out of the same act, our Court stated that the “practical test is to eliminate the elements in one charge and determine whether the facts left would support the other charge.”