State v. Decello

CAMERON, Chief Justice.

This is an appeal from a jury verdict and judgment of guilt to the crime of first degree murder, A.R.S. §§ 13-451 and 452, and a sentence of life imprisonment.

We must answer the following questions on appeal:

1. Is this a “new rule” or “old rule” case?

2. Was it error to provide the county attorney with a psychiatric report containing defendant’s statements concerning the offense ?

3. Did the county attorney comment on the defendant’s failure to testify?

The facts necessary for a determination of this matter on appeal are as follows. On the morning of 12 May 1973, the body…