STATE v. GAMEZ

No. 1393.

96 Ariz. 331 (1964)

395 P.2d 531

The STATE of Arizona, Appellee, v. Alberto GAMEZ, Appellant.

Supreme Court of Arizona, En Banc.

Rehearing Denied October 20, 1964.


Attorney(s) appearing for the Case

Robert W. Pickrell, Atty. Gen., Philip M. Haggerty, Asst. Atty. Gen., Phoenix, Norman E. Green, County Atty. of Pima County, William J. Schafer III, First Asst. County Atty., Tucson, for appellee.

Jack I. Podret, Richard B. Evans, Tucson, for appellant.


LOCKWOOD, Vice Chief Justice:

The appellant, Alberto Gamez, was convicted of murder in the second degree and was sentenced to an indeterminate term of twelve to fifteen years. He was released on bail pending this appeal.

The following facts are uncontradicted. The appellant and Michael Canez, the deceased, had quarreled and fought several times before the fatal incident involved in this case. In the late afternoon of May 24, 1963, the appellant entered the...

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