(Download) "State V. Eddington" by Arizona Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Eddington
- Author : Arizona Supreme Court
- Release Date : January 23, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Appellant was convicted of assault with a deadly weapon and of obstructing justice by using force and violence against a policeman in violation of A.R.S. § 13-541. The facts must be viewed in the light most strongly in favor of upholding the jury verdict, State v. Barker, 94 Ariz. 383, 385 P.2d 516 (October 10, 1963). Viewed in that light the evidence is as follows: The defendant and the victim were both drinking in a tavern. The victim had recently taken a girl away from the defendant and wished to warn the defendant to stop "picking" at the girl. He asked the defendant to talk with him outside the tavern as the noise inside made it difficult to hear. The defendant and the victim went outside. The victim was carrying a knife in his pocket and testified he moved toward the defendant. The defendant drew a pistol out of his pocket and shot the victim in the head, wounding him. The defendant testified the victim had pulled a knife on him but the victim denied doing so. There was testimony that the victim had been convicted of several felonies and had a poor reputation for peacefulness but there was no testimony that the defendant knew of the convictions or of the reputation prior to the assault.