UDALL, Justice.
The appellant, Thomas A. Westbrook, hereinafter called defendant, was found guilty of first degree murder in a trial by jury in the Superior Court of Maricopa County. The jury fixed the penalty at death. He now appeals.
Defendant, in September 1961, engaged the law firm of Tognoni, Parsons, Birchett & Gooding, of Phoenix, to represent him in the matter of his claim before the Industrial
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