Sylvester Jackson Azbill v. Edwin T. Pogue, Warden, Nevada State Prison, State of Nevada

Azbill, a Nevada state prisoner, appeals from an order denying a writ of habeas corpus. We reverse and remand.

On December 27, 1967, while his wife Rose was lying on a bed, Azbill doused it with charcoal lighter fluid and set it ablaze. Charged with murder, his principal defense was that Rose had died before the fire was set. He was convicted and sentenced to life without possibility of parole. While the state offered some evidence that Rose had died from asphyxiation, its chief witness was Brad Azbill, petitioner’s son, who was 12 years old at the time and saw the crime committed. When first questioned by police, Brad told them that he was intoxicated on the day of the fire and remembered nothing. During his appearance before the Grand Jury in January, 1968, Brad said that Rose was not “moving or talking and appeared to be dead . .” before petitioner set the fire. Azbill v. State, 1968, 84 Nev. 345, 348 , 440 P.2d 1014, 1016 (dismissing the original indictment). During the preliminary hearing and again at trial, Brad testified that Rose had “raised herself on the bed and mumbled something . . . ” as Azbill was pouring lighter fluid around her. Azbill v. State, 1972, 88…