No. 4456.

125 Ariz. 412 (1980)

610 P.2d 46

STATE of Arizona, Appellee, v. Sylvester SMITH, Jr., Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied April 29, 1980.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., by William J. Schafer, III, Barbara A. Jarrett, Jessica L. Gifford, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender, by Terry J. Adams, Deputy Public Defender, Phoenix, for appellant.

STRUCKMEYER, Chief Justice.

This is an appeal from a judgment of guilty of murder in the first degree with imposition of the death penalty. Jurisdiction was accepted pursuant to A.R.S. §§ 13-4031 and 13-4035. Affirmed.

Early Friday morning, April 7, 1978, Timothy Hayes, the homicide victim, and his father were in Mulligan's Bar in Maricopa County, Arizona when it closed. Timothy invited some friends to the apartment he shared with Gretchen Flynn...

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