Joseph Alvin Schantz v. Frank A. Eyman, Warden, Arizona State Prison

BROWNING, Circuit Judge.

Respondent appeals from an order of the district court in a habeas corpus proceeding which set aside petitioner’s conviction of murder in the Superior Court of Maricopa County, Arizona, and ordered petitioner’s release from custody unless the State afforded petitioner a new trial within ninety days. We affirm.

Respondent did not deny petitioner’s factual allegations, and the district court, without objection, accepted them as true. The facts, thus established except as noted, are as follows.

Petitioner was charged with the murder of his wife. He pleaded not guilty, and…