State v. Schroeder

BERNSTEIN, Vice Chief Justice.

This matter comes to us on appeal from an order denying a new trial for newly discovered evidence presented under Rules of Criminal Procedure, Rule 310, 17 A.R.S. On May 11, 1962, Petitioner, John Wesley Schroeder was found guilty, after having been tried in the Superior Court of Maricopa County, and sentenced to death for first degree murder. On February 13, 1964, we affirmed the judgment in State v. Schroeder, 95 Ariz. 255, 389 P.2d 255. We stayed Petitioner’s execution set for August 5, 1964, to hear this appeal, the Superior Court having denied Petitioner’s…