STATE v. KABINTO

No. 1925.

106 Ariz. 575 (1971)

480 P.2d 1

STATE of Arizona, Appellee, v. Albert Joe KABINTO, a Navajo Indian, Appellant.

Supreme Court of Arizona, In Banc.

January 27, 1971.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Carl Waag, Asst. Atty. Gen., Phoenix, for appellee.

Michael J. Bush, Phoenix, for appellant.


LOCKWOOD, Justice:

Appellant was convicted below of second degree murder and sentenced to a term of imprisonment of not less than fifteen nor more than eighteen years. He appeals from that conviction.

On September 9, 1967, one James Silversmith, a Navajo Indian, was severely beaten. He subsequently died. Eyewitnesses identified the appellant as one of those who was involved in the beating, which took place on a street in Winslow, Arizona, at about noon.

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