Arizona Republic from Phoenix, Arizona on November 5, 1969 · Page 21
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Arizona Republic from Phoenix, Arizona · Page 21

Phoenix, Arizona
Issue Date:
Wednesday, November 5, 1969
Page 21
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Page 21 article text (OCR)

Supreme Court to review order blocking sale of McCune's home The Arizona Supreme Court yesterday agreed to review the legality of a lower court order that has delayed a sheriff's sale of Walker McCune's multimillion - .dollar Phoenix mansion and property in Gila County. In addition, the high court affirmed the life sentence given William Junior Johns in Maricopa County Superior Court for the 1965 murder of John Funnell at the home of Johns' estranged wife. But the Supreme Court did not grant convicted murderer Timothy Malumphy's petition for an "accelerated decision" on the legality of his death sentence. The court also deferred setting a date to hear arguments for and against disbarment of Phoenix attorney W. Francis Wilson. In the case of McCune's property, Phoenix attorney Robert Kersting sought to force its sale last summer to satisfy his claim for services rendered McCune. But the State Court of Appeals, Division 1, decided the sale would be premature pending a trial court inquiry into the validity of McCune's previous transfer or attempted transfer of his property to a California trustee. It is the legality of the appellate court decision which the Supreme Court will review. In Malumphy's case, Malumphy has insisted ever since he went on trial here for shooting two fellow waiters at a Scottsdale restaurant that he wanted immediate execution. But the Supreme Court did not grant his pleas for an "accelerated" ruling on his lawyer's appeal because the matter is near decision in the normal course of court business, indicated Chief Justice . Jesse Udall. Regarding attorney Wilson, the State Bar of Arizona has recommended disbarment by the Supreme Court for alleged diversion of two clients' funds to his own benefit. Wilson has replied that in one instance he was given unrestricted use of the funds which he intended to repay. In the other instance, his reply was that he was entitled to everything he got, by virtue of long service to the client. On other action, the Supreme Court received a petition from the attorney general contending the court should prohibit Final County Superior Court from freeing State Prison inmate James Buchett. Atty. Gen. Gary Nelson alleged in his petition that the Final court exceeded its jurisdiction by setting aside or modifying consecutive sentences received by Burchett in a Maricopa County Superior Court kidnaping case. Appeals court upholds oath The State Court of Appeals yesterday rejected the notion that constitutional guarantees of freedom of religion are violated by the court oaths given to jurors and witnesses. The appellate court said Gene Wright Albe, under a 90- day Maricopa County jail sentence for attempted automobile burglary, is not entitled to a new trial omitting the oaths to God, which his attorney, Robert J. Corcoran, called unconstitutional. "The Arizona Constitution and statutory authorities on this matter do not preclude a person from serving on the jury because he does not believe in the existence of God," wrote Chief Judge James Duke Cameron for Department A of Division 1 of the Appeals Court. "... They may take an oath to God or they may affirm as their consciences dictate. ". . . We do not believe that the fact a person may be reticent to assert his right to affirm or that a jury might be somewhat suspicious, if indeed they would be, of a person who desired to affirm (rather than take an oath) indicates that the defendant has been prejudiced in any way. "The purpose of art oath is to impress upon the person taking it that there is some duty or compulsion to tell the truth whether this be under penalty of perjury, or in the case of a religious man, retribution f r o m a supreme being." Air Conditioning SPECIALISTS 1st Name in Air Conditioning For Your Home See .. . J. B. 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