STATE v. SMITH

No. 3629.

114 Ariz. 415 (1977)

561 P.2d 739

STATE of Arizona, Appellee, v. Gerald SMITH, Appellant.

Supreme Court of Arizona, In Banc.

February 24, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, Chief Counsel, Shirley H. Frondorf, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, by Terry J. Adams, Deputy Public Defender, Phoenix, for appellant.


STRUCKMEYER, Vice Chief Justice.

The appellant, Gerald Smith, was charged with first degree murder and, after a jury trial, convicted of second degree murder. He appeals.

On May 8, 1974, appellant and certain others who collectively called themselves "the family" went to Lil's Hideaway, a bar in Phoenix, Arizona. As to the events leading up to the death of Albert Washington, there are two versions — one, the appellant's, and, two, that of Sharon Roach...

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