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State v. Levice

Supreme Court of Arizona

October 19, 1942

STATE OF ARIZONA, Appellee,
v.
J. C. LEVICE, CHARLES SANDERS and GRADY B. COLE, Appellants

APPEAL from a judgment of the Superior Court of the County of Cochise. John Wilson Ross, Judge. Judgment affirmed.

Mr. Joe Conway, Attorney General and Mr. W. E. Polley, Assistant Attorney General; Mr. John Pintek, County Attorney, and Mr. John F. Ross, Chief Deputy County Attorney, for Appellee.

Mr. J. D. Taylor, for Appellants.

OPINION

[59 Ariz. 473] McALISTER, J.

On Januart 17, 1942, the appellants were accused, by information filed in the superior court of Cochise County, of the crime of willfully, unlawfully and feloniously murdering one Coy C. Qualls on January 8, 1942, and were brought into court for arraignment the day the information was filed. At that time the court appointed an attorney to represent them and after reading the information to them they waived the time to plead and entered pleas of guilty.

After the pleas of defendants had been entered, the court notified their attorney that on the 21st day of January, 1942, three days following the taking of the pleas, a hearing would be had by the court to determine [59 Ariz. 474] the seriousness and gravity of the crime in order to assist the court in arriving at the proper punishment and sentence to be imposed on the defendants on their pleas of guilty. At the appointed time the defendants were brought into court, their attorney being present, and the court proceeded to hear the facts respecting the offense, the defendants and their attorney being invited, by the court, to furnish any facts they had, or desired to present, in mitigation of the offense. After hearing the facts, the court proceeded to pass sentence on the defendants in the following manner: The court said:

"J. C. Levice, stand up. Grady B. Code, stand up. Charles Sanders, stand up.

"On the 17th day of January, 1942, you were informed against by the County Attorney of this County for the crime of

Page 54

murder. To this information you have entered a plea of guilty, on the 17th day of January, 1942, to the crime of murder in manner and form as charged in the information.

"J. C. Levice, have you anything to say why judgment of the Court should not be pronounced against you at this time?"

In reply to this question Levice made a statement in his behalf, whereupon the court said:

"Grady B. Cole, have you anything to say why judgment of the Court should not be pronounced against you at this time?"

Grady B. Cole then made his statement and when he had finished the court said: "Charles Sanders: what ...


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