STATE v. BRIERLY

No. 2177.

109 Ariz. 310 (1973)

509 P.2d 203

STATE of Arizona, Appellee, v. Scott R. BRIERLY, Appellant.

Supreme Court of Arizona, In Banc.

April 16, 1973.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Paul J. Prato, Former Asst. Atty. Gen., and Ronald L. Crismon, Asst. Atty. Gen., Phoenix, and Howard L. Fell, Asst. Atty. Gen., Tucson, for appellee.

DeConcini & McDonald by J. Wm. Brammer, Jr., and Barber, Haralson, Giles & Moore by Charles M. Giles, Tucson, for appellant.


HAYS, Chief Justice.

Scott R. Brierly was charged with the murder of Bettie Frances Stevens in violation of ARS §§ 13-451, 13-452 and 13-453. He was tried by a jury which, on April 6, 1970, returned a verdict of guilty of first degree murder and set the penalty of death. On April 20, 1970, defendant's motion for a new trial was heard and denied and the trial court sentenced him to death. Brierly appeals from the denial of his motion for a new trial and from...

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