STATE v. OVERTON

No. 3305.

114 Ariz. 553 (1977)

562 P.2d 726

The STATE of Arizona, Appellee, v. Herbert OVERTON, Appellant.

Supreme Court of Arizona, In Banc.

March 21, 1977.


Attorney(s) appearing for the Case

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

Gerald F. Moore, Phoenix, for appellant.


McFARLAND, Justice, Retired.

Herbert Overton was charged with the first degree murder of Robert Dorn, a Maricopa County Deputy Sheriff. A jury returned a verdict of guilty of murder in the second degree, and a timely appeal was filed. Jurisdiction was accepted pursuant to A.R.S. § 13-1711. Judgment and sentence reversed with directions to enter a judgment of not guilty by reason of insanity.

At 2:00 o'clock on the afternoon of August 31, 1965, Toyo Hikida...

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