STATE v. SETY

Nos. 1 CA-CR 2709, 1 CA-CR 2766.

121 Ariz. 354 (1979)

590 P.2d 470

STATE of Arizona, Appellee, v. David Theodore SETY, Appellant. STATE of Arizona, Appellant, v. David Theodore SETY, Appellee.

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

January 19, 1979.


Attorney(s) appearing for the Case

John A. LaSota, Jr., Former Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div., Lynn Hamilton, Phoenix, for State of Arizona.

Derickson, Kemper & Henze by James Hamilton Kemper, Phoenix, Michael E. Benchoff, Phoenix, for David Theodore Sety.


OPINION

SCHROEDER, Judge.

In the morning hours of March 19, 1976, Donald Cue died as the result of injuries inflicted by the appellant, David Sety, during a bizarre series of confrontations at an isolated campground. Appellant was tried on an open charge of murder. During trial the court granted a directed verdict of acquittal as to first degree murder, and the jury convicted the appellant of second degree murder. On post trial motions, the trial court reduced...

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