STATE v. POPE

No. 1 CA-CR 97-0353.

961 P.2d 1067 (1998)

192 Ariz. 119

STATE of Arizona, Appellee, v. Eugene Wilmot POPE, Appellant.

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

Review Denied September 10, 1998.


Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel Criminal Appeals Section and Diane M. Ramsey, Assistant Attorney General, Phoenix, for Appellee.

John C. Williams, Prescott, for Appellant.


KLEINSCHMIDT, Judge.

¶ 1 The Defendant, Eugene Wilmot Pope, appeals his conviction and sentence for various crimes growing out of an argument that led to the endangerment of a number of people and the death of a child. We reverse because the Defendant was tried to a jury of only eight persons instead of to a jury of twelve persons to which he was entitled.

¶ 2 The Defendant was arguing with a neighbor when the pistol he was brandishing discharged...

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