State v. Allen

HAYS, Justice.

The defendant, Freddy D. Allen and his co-defendant, Clifford Lee McGonigle, were tried and found guilty of first degree burglary with prior convictions. After receiving substantial sentences they appealed and we rendered a decision affirming the conviction. State v. McGonigle, 103 Ariz. 267, 440 P.2d 100 (1968). The defendant, Allen, thereafter petitioned the United States District Court in Phoenix, Arizona, for a Writ of Habeas Corpus. The Attorney General of the State of Arizona and the Federal Public Defender stipulated that the hearing on the writ would be deferred to give…