STATE v. JONES

No. 2 CA-CR 66.

6 Ariz. App. 26 (1967)

429 P.2d 518

The STATE of Arizona, Appellee, v. John Leroy JONES and Marshall L. Mount, Appellants.

Court of Appeals of Arizona.

June 20, 1967.


Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Gary K. Nelson, Asst. Atty. Gen., Phoenix, for appellee.

William L. Berlat, Tucson, for appellant Jones.

Anthony B. Ching, Tucson, for appellant Mount.


HATHAWAY, Chief Judge.

The appellants were jointly convicted of first degree burglary and appeal therefrom.

Sometime after the cause had been submitted to the jury for deliberation, the foreman informed the bailiff that the jury wished to rehear testimony of key witnesses and one of the defendants. The trial judge was not present. The request was submitted to another judge, who rejected it, "because of the nature of the request, and he not being the trial...

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