[Download] "State v. Earby" by Arizona Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Earby
- Author : Arizona Court of Appeals
- Release Date : January 14, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
On the evening of September 19, 1979, while armed with a pistol, appellant Johnny Shelton Earby approached Tyree Muldrow, as Muldrow was sitting in a park talking with two young women. After a short personal argument concerning the relationship between Muldrow and appellants 16-year-old sister, Muldrow ran from appellant whereupon appellant shot Muldrow twice. The first shot entered the victims buttocks and exited through the front of his lower abdomen. Muldrow tried to run behind a tree whereupon appellant fired the second shot which struck Muldrow in the upper back. The bullet traveled through the victims spinal column and lodged in his neck after perforating his esophagus. As Muldrow lay on the ground paralyzed, other people in the park, including his brother, rushed to his aid. Appellant ran from the park, spent the night with a friend and then left Phoenix the next morning for Indiana where he was arrested approximately one year later. One month after being shot, the victim died from complications arising out of the injury to his neck. Appellant was charged with second degree murder, tried to a jury and convicted of manslaughter in violation of A.R.S. çç 13-1104 and 13-1103(A)(2). He then admitted to a prior dangerous nature felony conviction and was sentenced to a maximum term of twenty years imprisonment.