LOCKWOOD, Vice Chief Justice.
The appellant, Lee Roy Gallagher, was the defendant tried in Maricopa County Superior Court on a charge of murder in the first degree. He was found guilty by a jury which fixed his punishment at death. He appeals his conviction.
Defendant was stopped by Phoenix police at approximately 1:45 A.M. on November 30, 1960. He was driving at about 25 m.p.h. in a 45 mile zone. The arresting officer testified that as defendant left his...
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