STATE v. SCHREIBER

No. 3362.

115 Ariz. 555 (1977)

566 P.2d 1031

STATE of Arizona, Appellee, v. Robert SCHREIBER, aka Eric Robert Schreiber, Appellant.

Supreme Court of Arizona, In Banc.

June 6, 1977.


Attorney(s) appearing for the Case

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

John M. Neis, Pima County Public Defender by Kenneth J. Peasley, Asst. Public Defender, Tucson, John T. Poore, Certified Third-Year Law Student, University of Arizona, for appellant.


HOLOHAN, Justice.

The appellant, Robert Schreiber, was tried and convicted by a jury of first-degree murder and armed robbery on October 3, 1975. Appellant's motion for a new trial was denied and on October 30, 1975, he was sentenced to two consecutive life sentences in the Arizona State Prison. Prior to pronouncing the life sentences the trial judge ruled that the jury had been unlawfully constituted for the purpose of imposing the death penalty under A.R.S. §...

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