State v. Westbrook

STANFORD, Justice.

Under the authority of Section 44 — 2401, A.C.A.1939, the Superior Court of Pima County, Division 1, has certified two questions to this court.

The record indicates that on October 1, 1953, defendants were charged by information with the crime of attempted burglary. A jury trial followed in which a verdict of not guilty was returned. An information was then filed charging the defendants with the crime of conspiracy to commit burglary. At the second trial the jury returned a verdict of guilty. Prior to imposition of sentence, the trial court has certified the following…