STATE v. COMPTON

Nos. 2 CA-CR 1945, 2 CA-CR 1981-3.

127 Ariz. 420 (1980)

621 P.2d 926

The STATE of Arizona, Appellant, v. Richard D. COMPTON aka Richard R. McCarthy; and Russell William Harbin, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 3, 1980.

Review Denied January 6, 1981.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, R. Wayne Ford and Galen H. Wilkes, Asst. Attys. Gen., Phoenix, for appellant.

T.W. Price, Phoenix, for appellee Compton.

Michael D. Tidwell, Apache Junction, for appellee Harbin.


OPINION

HOWARD, Judge.

The main issue in this appeal is whether a juror's testimony or affidavit is admissible to show improper communications of a third person to the jury.

Appellees were charged with murder and conspiracy to commit murder. The jury acquitted them of murder but convicted both of the conspiracy charge. After hearing post-trial motions relating to alleged statements made by the bailiff to...

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