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STATE v. DECELLO

No. 2892-2.

113 Ariz. 255 (1976)

550 P.2d 633

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

Supreme Court of Arizona, In Banc.

Rehearing Denied July 13, 1976.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer, III, and Teresa S. Thayer, Asst. Attys. Gen., Phoenix, for appellee.

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

CAMERON, Chief Justice.

This is an appeal from a jury verdict and judgment of guilt to the crime of first degree murder, A.R.S. §§ 13-451 and 452, and a sentence of life imprisonment.

We must answer the following questions on appeal:

1. Is this a "new rule" or "old rule" case? 2. Was it error to provide the county attorney with a psychiatric report containing defendant's statements concerning the offense? 3. Did the county...

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