STATE v. EARBY

No. 1 CA-CR 5598.

136 Ariz. 246 (1983)

665 P.2d 590

STATE of Arizona, Appellee, v. Johnny Shelton EARBY, Appellant.

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

Rehearing Denied May 10, 1983.

Review Denied June 22, 1983.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., William J. Schafer III, Chief Counsel, Criminal Div., Asst. Atty. Gen. by Frank Dawley, Asst. Atty. Gen., Phoenix, for appellee.

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


OPINION

GRANT, Judge.

On the evening of September 19, 1979, while armed with a pistol, appellant Johnny Shelton Earby approached Tyree Muldrow, as Muldrow was sitting in a park talking with two young women. After a short personal argument concerning the relationship between Muldrow and appellant's 16-year-old sister, Muldrow ran from appellant whereupon appellant shot Muldrow twice. The first shot entered the victim's buttocks and exited through the front...

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