State v. Toney

HAYS, Justice.

This is an appeal from a conviction of murder in the second degree returned by a jury on May 2, 1975, and a sentence of sixty years to life, imposed on June 13, 1975. We have jurisdiction pursuant to the Arizona Constitution, art. 2, § 24, art. 6, § 5, and Arizona Revised Statutes, §§ 12-120.21 (A)(1) and 13-1711.

Appellant was fifteen years old when he and his codefendant, Jerry Thomas, were arrested for the brutal beating murder of an alleged homosexual. He was remanded to adult court and tried there.

Eyewitness testimony at trial revealed that the beatings began with a fight…