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The same summer, 1964, Appellant began to date Gretchen Fritz. A short time later Appellant boasted to one of his close friends, Paul Ginn, that he and his friends had killed Aileen Rowe. All three dug a hole and buried Aileen, her clothes and curlers. When they went down to the wash, Mary saw Aileen sprawled in the sand with blood on her face. He kissed Mary, told her he loved her very much, and then got the shovel out of the trunk. Shortly after that the Appellant appeared and got into the car. He told her the Appellant wanted her to come back down to the wash, but she refused and remained in the car. Mary had been sitting in the car for thirty to forty-five minutes, when she heard a noise and saw John Saunders.
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He started to go with her, but when they heard Aileen scream he told Mary to go back to the car and stay there and he would go back to the wash below. After they sat down and started talking, Appellant asked Mary French if she would go back to the car and get the radio.
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From there they drove to the desert and walked down to a wash. She was wearing a bathing suit and her hair was in curlers. Then they drove around for awhile and after Aileen's mother had left for work pulled into the alley to the Rowe home and got Aileen out of bed.
CHARLES SCHMID TRIAL
The trial testimony showed that later, but before the date, the Appellant *351 told French and Saunders, that he planned to hit Aileen with a rock and bury her in the desert.Īll three went to Saunders house, where Appellant got a shovel and put it in the trunk of his car. Finally, it was arranged that there would be a double date Aileen would go with John Saunders and Mary French would go with the Appellant. Miss French called two or three times and each time, except the last, Aileen Rowe refused. Appellant contacted Miss French four or five times about calling Miss Rowe to get her out of her home. The Appellant stated that he wanted "to kill someone" and that he wanted to do it that night. During that time the Appellant suggested to her that she lure Aileen Rowe from her home during the night. 191, 484 P.2d 187 (1971).ĭuring May, 1964, the Appellant Schmid and Mary French, a 17 year old girl, were dating. On December 21, 1965, the Appellant was charged with the murders of Gretchen and Wendy Fritz however, the facts of this appeal begin with a murder in another case State v.
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