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STATE v. CLAYTON

No. 2283.

109 Ariz. 587 (1973)

514 P.2d 720

The STATE of Arizona, Appellee, v. Kenneth CLAYTON and Herbert Penrod, Appellants.

Supreme Court of Arizona, In Banc.

Rehearing Denied October 30, 1973.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix, by Howard L. Fell, Tucson, and Louis A. Moore, Jr., Asst. Attys. Gen., Phoenix, for appellee.

Cohen, Gerst, Groseclose & Meissner by David A. Groseclose, Phoenix, for appellants; Ramon R. Alvarez, Douglas, of counsel.

CAMERON, Vice Chief Justice.

This is an appeal from jury verdicts and judgments of guilt as to each defendant to the crimes of burglary in the nighttime, § 13-302, subsec. B A.R.S., with sentences thereon of from 14 to 15 years; and first degree murder, § 13-452 A.R.S., with sentences of death.

Omitting the questions concerning the death penalty which have been disposed of by the United States Supreme Court cases of Furman v. Georgia,

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