APPEAL from a judgment of the Superior Court of the County of Apache. Levi S. Udall, Judge. Judgment affirmed.
Mr. M. V. Gibbons, for Appellant.
Mr. Joe Conway, Attorney General and Mr. W. E. Polley, his Assistant, for the State.
[50 Ariz. 33] ROSS, J.
Appellant Ernest Patten, on December 25, 1936, at about 5:30 P.M. at McNary, Apache county, shot and killed Creacy Mae Millard. He was informed against by the county attorney for first degree murder. Upon his arraignment, on December 26, 1936, the court informed him that he was entitled to have an attorney to defend him and offered to appoint one. He told the court he did not want an attorney; that he wanted to plead guilty. The court, notwithstanding. appointed to defend him M. V. Gibbons, a member of the bar in Apache county, and postponed the time for taking appellant's plea to December 30, 1936, at 2 P.M. At the hour fixed for taking plea, the State being represented by the county attorney and appellant by his attorney, M. V. Gibbons, the following proceedings were had by the court:
"This is the time and place heretofore set by this court for taking the plea of the defendant, he having been heretofore duly arraigned.
"(To the defendant) You may stand up.
"This is the time for taking your plea in this case, Ernest Patten, are you ready at this time to enter your plea?
"Ernest Patten: Yes.
"Q. What is your plea -- guilty or not guilty? A. Guilty.
"Q. The record may show that the defendant enters a plea of guilty to murder in the first degree. Now the Court, Patten, desires to interrogate you, to ask you some questions to be sure that you fully understand [50 Ariz. 34] just what you are doing. Now, you want to plead guilty? A. Yes.
"Q. To the crime of murder in the first degree, you want to plead guilty? A. In ...