STATE v. FOWLER

No. 1602.

101 Ariz. 561 (1967)

422 P.2d 125

STATE of Arizona, Appellee, v. Robert O'Dell FOWLER, Appellant.

Supreme Court of Arizona. In Banc.

January 4, 1967.


Attorney(s) appearing for the Case

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

H.B. Daniels, Phoenix, for appellant.


BERNSTEIN, Chief Justice.

Defendant appeals from a conviction in the Superior Court of Maricopa County of first degree murder within the meaning of A.R.S. § 13-452. He has been sentenced to life imprisonment.

For a number of years the defendant, although unmarried, had been living with one Miss Birdie McCoy Miller. On July 15, 1964 the defendant while sitting in Eastlake Park in the City of Phoenix, observed one Willie Lee Smith, with whom he had had...

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