Windauer v. O'CONNOR

HAYS, Vice Chief Justice.

This case comes to us on a petition for review of a decision of the Court of Appeals, Division Two. Windauer v. O’Connor, 13 Ariz.App. 442, 477 P.2d 561 (1970). Decision of the Court of Appeals is vacated.

The facts in the case are relatively simple. Joseph O’Connor and Kathryn Windauer had been married for a brief two years when Joseph shot Kathryn during an argument. At the time of the shooting, Joseph was 62 years of age and Kathryn was 72. Two days thereafter Kathryn instituted an action for divorce, alleging that her husband had attempted to kill her. A few months…