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STATE v. KELLY

No. 3187.

112 Ariz. 468 (1975)

543 P.2d 780

STATE of Arizona, Appellee, v. Richard Harry KELLY, Appellant.

Supreme Court of Arizona, En Banc.

December 23, 1975.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer, III, and Cleon M. Duke, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by H. Allen Gerhardt, Jr., Deputy Public Defender, Phoenix, for appellant.

HAYS, Justice.

This is an appeal from a conviction for second degree murder, and the sentence thereon of not less than 20 years nor more than life. We have jurisdiction pursuant to Ariz.Const. art. 2, § 24 and art. 6, § 5 and ARS § 12-120.21.

On November 14, 1974, the body of Lloyd Underwood was found in a station wagon parked on 17th Street, just north of University Drive, in the city of Phoenix, Arizona. On November 16, 1974, the police officer...

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