STATE v. McMURTREY

No. 5409-2.

143 Ariz. 71 (1984)

691 P.2d 1099

STATE of Arizona, Appellee, v. Jasper Newton McMURTREY, III, Appellant.

Supreme Court of Arizona, In Banc.

December 11, 1984.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Jack Roberts, and David R. Cole, Asst. Attys. Gen., Phoenix, for appellee.

Polis & Sadacca by Bertram Polis, Daniel F. Davis, Tucson, for appellant.


CAMERON, Justice.

Defendant, Jasper Newton McMurtrey, III, appeals from re-sentences of death for two first degree murders, A.R.S. § 13-1105. We have jurisdiction pursuant to Art. 6, § 5(3) of the Arizona Constitution, and A.R.S. §§ 13-4031, -4033 and -4035.

We need answer only one question on appeal and that is whether the trial court committed reversible error in requiring the defendant to prove mitigating circumstances "beyond a reasonable...

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