STATE v. MALUMPHY

No. 1751.

105 Ariz. 200 (1969)

461 P.2d 677

STATE of Arizona, Appellee, v. Timothy MALUMPHY, Appellant.

Supreme Court of Arizona. In Banc.

December 3, 1969.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Darrell F. Smith, Former Atty. Gen., Howard P. Leibow, Former Sp. Asst. Atty. Gen., for appellee.

Ross Lee, Public Defender, Vernon B. Croaff, Former Public Defender, Grant Laney, Former Deputy Public Defender, Lewis Roca Beauchamp & Linton, by John J. Flynn, James Moeller, Terry D. Oehler, Charles D. Roush, Phoenix, for appellant.


UDALL, Chief Justice.

Defendant Timothy Malumphy was convicted of two counts of first-degree murder and sentenced to death. We have reviewed the record of the trial and conclude that the judgment should be affirmed.

At the time of the offense defendant was employed as a waiter at Laffite's restaurant in Scottsdale, Arizona. He testified that for some time he had contemplated suicide but lacked the courage to take his own life. He therefore decided to kill...

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