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STATE v. SHUMWAY

No. 5910-PR.

137 Ariz. 584 (1983)

672 P.2d 929

STATE of Arizona, Appellee, v. Albert Lee SHUMWAY, Appellant.

Supreme Court of Arizona, In Banc.

Reconsideration Denied December 6, 1983.

Attorney(s) appearing for the Case

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

Ross P. Lee, Maricopa County Public Defender by H. Allen Gerhardt, Deputy Public Defender, Phoenix, for appellant.

CAMERON, Justice.

The defendant's conviction of negligent homicide, A.R.S. § 13-1102(A), was reversed by the Court of Appeals, State v. Shumway, 137 Ariz. 600, 672 P.2d 944 (1983), and we granted the state's petition for review. We have jurisdiction under Ariz. Const. art. 6, § 5(3) and A.R.S. § 12-120.24.

We must consider two issues on appeal:

1. Did the trial court's communication with the...

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