Arthur Thomas v. Frank Eyman, Superintendent of the State Prison of Arizona

On March 16 or 17, 1953, Janie Misko-vich was murdered in Cochise County, Arizona. Thereafter, on March 17, 1953, her body was found, an investigation was made, and appellant, Arthur Thomas, was arrested in Cochise County by Jack Howard, sheriff of that county. On March 18, 1953, the sheriff took appellant before a magistrate — L. T. Frazier, a justice of the peace in Cochise County— for preliminary examination; appellant waived such examination; the magistrate held appellant to answer to the Superior Court of the State of Arizona in and for Cochise County and fixed his bail at $25,-000; and, appellant having failed to furnish bail, the magistrate committed him to the custody of the sheriff.

Thereafter, in the Superior Court, an information was filed charging appellant with the murder. Appellant was arraigned, pleaded not guilty and had a jury trial. The trial began on June 1, 1953, and ended on June 19, 1953, when the jury returned a verdict finding appellant guilty of first-degree murder and fixing his punishment at death. Appellant moved for a new trial. The motion was denied on June 26,1952. Thereupon, on June 26,1953, the Superior Court rendered judgment on the verdict,…