STATE v. BURRELL

No. 1437-2.

106 Ariz. 100 (1970)

471 P.2d 712

STATE of Arizona, Appellee, v. John DeWayne BURRELL, Appellant.

Supreme Court of Arizona, In Banc.

July 2, 1970.


Attorney(s) appearing for the Case

Robert R. Bean, Pinal County Atty., Florence, for appellee.

James H. Colter, Phoenix, for appellant.


LOCKWOOD, Chief Justice.

Though this action originated as a petition for a writ of habeas corpus, it is, and will be treated as, an appeal from the petitioner's convictions.

Defendant, an inmate of the Arizona State Prison, was a member of a "work gang" of thirty prisoners assigned to clean out a ditch on the prison farm under the supervision of three armed guards mounted on horseback.

Shortly after noon on June 11, 1963 some of the prisoners staged...

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