Court of Appeals of Arizona June 22, 1971, No. 2 CA-CR 228 (State v. Nichols)

KRUCKER, Chief Judge.

This court has previously issued an opinion in this case dated March 31, 1971, State v. Nichols, 14 Ariz.App. 312, 483 P.2d 53 (1971), in which we reversed the trial court on the ground of an apparently erroneous jury instruction. However, on motion to rehear, the State has called to our attention a recent Arizona Supreme Court opinion, State v. Michael, 107 Ariz. 126, 483 P.