State v. Spellman

SUPPLEMENTAL OPINION

UDALL, Chief Justice:

In a motion for rehearing the public defender, on behalf of defendant Spellman, has contended that our opinion filed June 2, 1969, 104 Ariz. 438, 454 P.2d 980, was premature and that we overlooked the fact that defendant was not represented by counsel.

Counsel points out that the court below, at the time defendant’s notice of appeal was filed, ordered that transcripts of the preliminary hearing and superior court trial be furnished. Neither was ever filed in this court. However, these facts do not mean that our opinion was premature. The minute entry of…