STATE v. STAMBAUGH

No. 2 CA-CR 1419.

121 Ariz. 226 (1978)

589 P.2d 469

The STATE of Arizona, Appellee, v. Sammie Kay STAMBAUGH, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 3, 1979.

Review Denied January 23, 1979.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by David R. Cole, Deputy County Atty., Tucson, for appellee.

John M. Neis, Pima County Public Defender by Donald H. Bayles, Jr., Asst. Public Defender, Tucson, for appellant.


OPINION

RICHMOND, Chief Judge.

The determinative question on this appeal is whether the improper conduct of the prosecutor in closing argument deprived appellant of a fair trial, requiring reversal. We hold that it did, but reject appellant's contention that the evidence was insufficient to support conviction and remand for a new trial.

Appellant was charged with second degree murder and the jury found him guilty of involuntary manslaughter. The charge...

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