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STATE v. ANDERSON

No. 1685.

102 Ariz. 295 (1967)

428 P.2d 672

STATE of Arizona, Appellant, v. Alma Jean ANDERSON, Appellee.

Supreme Court of Arizona. In Division.

Rehearing Denied July 11, 1967.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., and Harold A. Beelar, County Atty., Gila County, for appellant.

Cavness, DeRose, Senner & Foster, by John W. Rood, Globe and Phoenix, for appellee.

UDALL, Justice.

The defendant Alma Jean Anderson was charged with murder in the first degree. During the trial of that charge, at the close of the evidence defense counsel moved for the exclusion of instructions on murder in the first and second degree for the reason that the record failed to show the presence of malice aforethought. That motion was denied.

The jury received instructions on murder in the first degree, murder in the second degree and manslaughter...

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