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STATE v. INTOGNA

No. 1768.

103 Ariz. 455 (1968)

445 P.2d 431

STATE of Arizona, Appellant, v. Barney INTOGNA, Appellee.

Supreme Court of Arizona. In Banc.

September 25, 1968.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Darrell F. Smith, Former Atty. Gen., Phoenix, William J. Schafer, III, Pima County Atty., by, William J. Augustine, Deputy County Atty., Tucson, for appellant.

Boyle, Bilby, Thompson & Shoenhair, by, William A. Scanland, Cattany & Howe, by, Joseph D. Howe, Tucson, for appellee.

LOCKWOOD, Justice.

The State of Arizona appeals from an order of the Superior Court of Pima County quashing an original information filed against the defendant, Barney Intogna. The pertinent facts are as follows.

Defendant was informed against on an open charge of murder in 1964. He was tried and convicted of murder in the second degree and was sentenced to serve a term of not less than ten, nor more than eleven years in prison. The verdict of the jury specifically...

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