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PARSONS v. SMITHEY

No. 10685-PR.

109 Ariz. 49 (1973)

504 P.2d 1272

Ruth PARSONS, a single woman, Dawn Parsons and Gail Parsons, Minors, by and through their Guardian ad Litem, Donald S. Robinson, Appellants, v. Jerry B. SMITHEY and Sarah Smithey, husband and wife, Appellees.

Supreme Court of Arizona, In Banc.

Rehearing Denied February 6, 1973.

Attorney(s) appearing for the Case

Robertson, Molloy, Fickett & Jones, by Burton J. Kinerk, Tucson, for appellants.

Chandler, Tullar, Udall & Richmond, by D.B. Udall, Howard D. Watt, Tucson, for appellees.

LOCKWOOD, Justice.

We granted the petition for review in this case in view of the importance of deciding a question of first impression in this state. Opinion of the Court of Appeals, 15 Ariz.App. 412, 489 P.2d 75 (1971) vacated.

On March 26, 1967, early in the morning, Michael Smithey entered the home of Mrs. Ruth Parsons through an arcadia door and began beating her over the head...

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