HAYS, Justice.
Defendant Martin Gonzales was charged with first degree murder arising out of a 1968 shooting death of one Luis Martinez in Eloy. A jury trial was held in the Pinal County Superior Court at which defendant was found guilty of manslaughter, a lesser included offense, and sentenced by the trial judge to a prison term of not less than five nor more than six years.
After all the evidence had been presented, the trial court instructed the jury concerning...
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