APPEAL from a judgment of the Superior Court of the County of Maricopa. Dudley W. Windes, Judge. Judgment affirmed.
Mr. Joe Conway, Attorney General, and Mr. Albert M. Garcia, Assistant Attorney General, for Appellee.
Mr. T. E. Scarborough, for Appellant; Mr. Terrence A. Carson, of Counsel.
[60 Ariz. 125] LOCKWOOD, C.J.
L. L. Hull, defendant, was informed against by the county attorney of Maricopa County for the crime of receiving stolen goods. He was tried before a jury which found him guilty, and he was duly sentenced to serve a term in the state prison. Thereafter this appeal was taken.
[60 Ariz. 126] There are six assignments of error, some which contain more than one subdivision, but they may be summed up under three heads: (a) That the evidence did not sustain the verdict; (b) that certain exhibits were improperly admitted in evidence; and (c) that due to the misconduct of the county attorney the defendant did not have a fair and impartial trial.
We consider first the sufficiency of the evidence. In so doing, we must of course consider the testimony in the strongest manner in favor of the verdict. Thus considered the material evidence on behalf of the state may be summarized as follows: Defendant for several years had conducted a place known as the Lafayette Cafe in the city of Phoenix, where liquor was sold and dancing conducted. One W. S. Brashear, who had a large cooler installed upon his premises in Phoenix, discovered that the cooler had been stolen on either August 20 or 21, 1941. Immediately thereafter he made a report of the loss to the sheriff's office. About midnight on August 21, one Lester Pinkston drove a Chevrolet coupe owned by defendant into the alley behind the Lafayette Cafe, and, with the assistance of two men who were near there, unloaded from the coupe a cooler which was afterwards identified by Brashear as the one stolen from him, and placed it in defendant's garage under some hay. Sometime thereafter the cooler was installed in defendant's place of business. One of the men who helped take the cooler out of the car testified that on September 5 the following conversation occurred between him and defendant:
"Q. Will you please relate that entire conversation?
"A. He asked me if I had saw this Pinkey and this guy with the mustache, and I said 'Yes'. He said 'Tell them to get out of town, that the law was here just now looking for them.'
"Q. Was there anything further?
[60 Ariz. 127] "A. I asked him what he was holding. He said, 'I got that big blower up there by the piano.'"
On October 18, deputy sheriff LaMore went to defendant's place of business, in company with one John Jacobs and some other parties, and there found in defendant's car some Navajo blankets which Jacobs identified as some which had been stolen from him previously. This claim was communicated to defendant at the time and the latter said that he had bought them but was not sure at the time from whom. Defendant's place of business was then searched and there was found therein an electric cooker and a tool box and tools which had been reported to the sheriff's office previously as having been stolen. Defendant stated later, on being questioned by the county attorney in regard to the matter, ...