STATE v. KENNEDY

No. 2 CA-CR 959.

116 Ariz. 566 (1977)

570 P.2d 508

The STATE of Arizona, Appellant, v. David KENNEDY and Tennis Kennedy, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 11, 1977.

Review Denied September 15, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., Phoenix, Stephen D. Neely, Pima County Atty. by David R. Cole, Deputy County Atty., Tucson, for appellant.

Stolkin, Weiss & Tandy by Stephen M. Weiss, Tucson, for appellee David Kennedy.

Scholl & Kurlander by William L. Scholl, Tucson, for appellee Tennis Kennedy.


OPINION

HOWARD, Chief Judge.

The state appeals from the granting of appellees' motion to suppress certain statements made by appellees just prior to the time they were arrested for attempted murder and conspiracy to commit murder.

The record shows that appellees had hired a former employee, Leo Beisler, to murder their partner, Tony Rodriguez, so that they could gain complete ownership of the partnership business, Kenler Pest Control. The plan was...

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