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STATE v. RUPP

Nos. 1 CA-CR 2402, 1 CA-CR 2403.

120 Ariz. 490 (1978)

586 P.2d 1302

STATE of Arizona, Appellee, v. Robert Fred RUPP and Jacqueline Rosemary Rupp, Appellants.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied November 1, 1978.

Review Denied November 28, 1978.

Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen., by William J. Schafer, III, Chief Counsel, Criminal Division, Diane M. DeBrosse Hienton, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, by H. Allen Gerhardt, Jr., James L. Edgar, Deputy Public Defenders, Phoenix, for appellant Jacqueline Rosemary Rupp.

Martin & Feldhacker, by Gregory H. Martin, Phoenix, for appellant Robert Fred Rupp.

OPINION

EUBANK, Judge.

William Thomas Allen Rupp (Billy), appellants' son, died on April 21, 1975, three days before his second birthday. It was stipulated in the trial court that he died of starvation. Appellants were subsequently charged, jointly tried and convicted of the crime of involuntary manslaughter (A.R.S. § 13-456(A)(2). The appellants have filed separate appeals which have been consolidated in this Court for disposition. We will consider the...

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