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STATE v. SWAFFORD

No. 2 CA-CR 347.

21 Ariz. App. 474 (1974)

520 P.2d 1151

The STATE of Arizona, Appellee, v. Dennis Keith SWAFFORD and Marilyn Rose Swafford, Appellants.

Court of Appeals of Arizona, Division 2.

Rehearings Denied May 28, 1974.

Review Denied June 18, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Howard L. Fell, Asst. Atty. Gen., Tucson, for appellee.

John M. Neis, Pima County Public Defender, Ed Bolding, former Pima County Public Defender, by John W. McDonald, Deputy Public Defender, Tucson, for appellants.

OPINION

HOWARD, Judge.

Appellants were charged with the unlawful killing of their two and one-half months' old son, James, in violation of A.R.S. §§ 13-456 and 457(A), as amended. The jury returned a verdict as to both of guilty of involuntary manslaughter and this appeal followed.

In the month of April, 1972, the defendants lived in a trailer with their three children James, Brian, age three...

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