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STATE v. DRURY

No. 2599.

110 Ariz. 447 (1974)

520 P.2d 495

The STATE of Arizona, Appellee, v. James E. DRURY, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied April 23, 1974.

Attorney(s) appearing for the Case

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

Lieberthal & Kashman by Howard A. Kashman, Tucson, for appellant.

CAMERON, Vice Chief Justice.

This is an appeal from a judgment of the court, sitting without a jury, finding the defendant James E. Drury guilty of second degree murder (§§ 13-451, 13-452 A.R.S.), and from a sentence of not less than thirty nor more than forty years (§ 13-453 A.R.S.) in the Arizona State Prison.

We are called upon to answer the following questions on appeal:

1. Was the defendant's waiver of a jury trial, based on the...

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