STATE v. MOORE

No. 3043.

111 Ariz. 496 (1975)

533 P.2d 663

STATE of Arizona, Appellee, v. Thomas M. MOORE, Appellant.

Supreme Court of Arizona, En Banc.

April 1, 1975.


Attorney(s) appearing for the Case

N. Warner Lee, Former Atty. Gen., Bruce E. Babbitt, Atty. Gen., by Frank T. Galati, Asst. Atty. Gen., Phoenix, for appellee.

Thomas A. Moran, Yuma, for appellant.


HAYS, Justice.

The defendant, Thomas M. Moore, entered a plea of not guilty to the charge of assault with intent to commit murder while armed with a gun. ARS § 13-248. Moore shot a friend of his who had just had sexual intercourse with Moore's wife. Whether Moore consented to this activity and whether Moore remembered the shooting were the primary issues of fact. Before trial, the defendant served notice of his intention...

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