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STATE v. SCHANTZ

No. 1701.

102 Ariz. 212 (1967)

427 P.2d 530

STATE of Arizona, Appellee, v. Joseph Alvin SCHANTZ, Appellant.

Supreme Court of Arizona. In Division.

Rehearing Denied June 13, 1967.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Paul G. Rosenblatt, Asst. Atty. Gen., for appellee.

Lewis, Roca, Scoville, Beauchamp & Linton, John J. Flynn, James Moeller, Phoenix, for appellant.

BERNSTEIN, Chief Justice.

Appellant appeals from an order denying him a new trial on grounds of newly discovered evidence.

He was charged with the first degree murder of his wife. Following trial the court granted a directed verdict of not guilty as to first degree murder, and sent the case to the jury on all remaining issues. Appellant appealed to this court his conviction of second degree murder. We affirmed the judgment, 98 Ariz. 200

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