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STATE v. McCLENDON

No. 1790.

103 Ariz. 105 (1968)

437 P.2d 421

STATE of Arizona, Plaintiff, v. Randolph McCLENDON, Defendant.

Supreme Court of Arizona, In Banc.

Rehearing Denied March 12, 1968.

Attorney(s) appearing for the Case

Jerry L. Smith, Coconino County Atty., Flagstaff, for plaintiff.

J.R. Babbitt, Jr., Kenneth J. Lincoln, Flagstaff, for defendant.

LOCKWOOD, Justice:

Two questions have been certified to this Court for determination under Rule 346 of the Rules of Criminal Procedure, 17 A.R.S. (1956).

"QUESTION NUMBER 1 "Where an accused is sane and competent in all respects, except that he is suffering from permanent amnesia which prevents him from recalling facts immediately surrounding the alleged crime of first degree murder, and the accused is the only witness as to the alleged crime, and...

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