STATE v. BARR

No. 2 CA-CR 963.

115 Ariz. 346 (1977)

565 P.2d 526

The STATE of Arizona, Appellee, v. Nelson Travis BARR, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 24, 1977.

Review Denied June 7, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by Russell Piccoli, Asst. Atty. Gen., Tucson, for appellee.

John M. Neis, Pima County Public Defender by William H. Callaway and Kenneth J. Peasley, Asst. Public Defenders, Tucson, for appellant.


HOWARD, Chief Judge.

Appellant appeals from his conviction of voluntary manslaughter while armed with a gun. The conviction arose out of the fatal shooting of Timothy Tylutki as he and several companions left appellant's yard after attempting to steal some wooden chairs valued at less than $5.00.

At trial, appellant testified that on December 21, 1970, he was living in a small house in back of an antique store in the area of the University of Arizona. Because...

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