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State v. Baker

Supreme Court of Arizona
Jun 3, 1965
402 P.2d 570 (Ariz. 1965)

Opinion

No. 1267.

June 3, 1965.

Appeal from the Superior Court, Maricopa County, E.R. Thurman, J.

Darrell F. Smith, Atty. Gen., Gary K. Nelson, Asst. Atty. Gen., Phoenix, for appellee.

Hammond Redeker, Phoenix, for appellant.


Defendant was convicted of the crime of second degree murder. An important witness for the State was one Virginia Bedient.

The Attorney General admits that there is evidence tending to show that Bedient was an accomplice in the crime although there is some conflict. It is admitted there is also evidence that Bedient had been given immunity from prosecution. Counsel for defendant at the trial raised the matter of the sufficiency of the testimony of an accomplice. The Court failed to give an instruction with reference to testimony of an accomplice, or the necessity for corroboration of such testimony.

The Attorney General confesses reversible error because of failure to give instructions on the law concerning testimony of an accomplice, citing State v. Howard, 97 Ariz. 339, 400 P.2d 332 (1965). See also State v. Gutierrez, 81 Ariz. 377, 306 P.2d 634 (1957); State v. Betts, 71 Ariz. 362, 227 P.2d 749 (1951).

For the foregoing reasons the case is reversed and remanded for new trial.


Summaries of

State v. Baker

Supreme Court of Arizona
Jun 3, 1965
402 P.2d 570 (Ariz. 1965)
Case details for

State v. Baker

Case Details

Full title:STATE of Arizona, Appellee, v. Francis BAKER, Appellant

Court:Supreme Court of Arizona

Date published: Jun 3, 1965

Citations

402 P.2d 570 (Ariz. 1965)
402 P.2d 570

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