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STATE v. CANADAY

No. 1 CA-CR 6344.

141 Ariz. 31 (1984)

684 P.2d 912

STATE of Arizona, Appellee, v. John Gary CANADAY, Appellant.

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

May 17, 1984.

Attorney(s) appearing for the Case

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

Seplow, Rivkind & Gladner, P.C. by Philip A. Seplow, Phoenix, for appellant.

OPINION

JACOBSON, Chief Judge.

The basic issue presented by this appeal is whether a statement given to a police officer by an accomplice in a custodial interrogation is admissible against a co-defendant, when the accomplice is deceased at the time of trial.

The defendant, John Gary Canaday, was charged by grand jury indictment with one count of conspiracy to commit a fraudulent scheme and one count of engaging in a fraudulent scheme. A jury found...

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