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STATE v. DECELLO

No. 2892.

111 Ariz. 46 (1974)

523 P.2d 74

The STATE of Arizona, Appellee, v. Gene Vincent DECELLO, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied June 26, 1974.

Motion Granted September 17, 1974.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Cleon M. Duke, Asst. Atty. Gen., Phoenix, for appellee.

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

CAMERON, Vice Chief Justice.

This is an appeal from a judgment of the court following a trial without a jury finding the defendant guilty of first degree murder, §§ 13-451, -452, -453 A.R.S., and a sentence thereon of life imprisonment.

We are asked to answer the following questions on appeal:

1. Was the defendant competent to waive his right to trial by jury? 2. If competent, does the...

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