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State v. Kuhnley

Supreme Court of Arizona

April 7, 1952

STATE
v.
KUHNLEY

Page 844

Reversed with directions.

Clarence V. Perrin, Harry L. Buchanan, and Robert D. Stauffer, of Tucson, for appellant.

Fred O. Wilson, Atty. Gen., and Charles Rogers, Asst. Atty. Gen., for appellee.

Udall, Chief Justice. Stanford, Phelps, De Concini and La Prade, JJ., concur.

OPINION

Udall, Chief Justice.

Page 845

[74 Ariz. 13] Defendant, W. F. Kuhnley, was convicted of a felony, to wit: the crime of receiving stolen goods, knowing them to have been stolen -- a violation of section 43-5506, A.C.A.1939. He has appealed from the judgment of conviction and the denial of his motions in arrest of judgment and for a new trial.

Briefly the facts stated in the light most favorable to the State present an almost unbelievable and fantastic situation. The 60 year old defendant is a licensed osteopathic physician, having practiced his profession for the past 28 years in Pima County, and for the past 3 years has resided and maintained his office at 817 East Sixth Street in Tucson. He had no previous criminal record and until his arrest bore a good reputation in the community. One Ernest Louis Jeremy, star witness for the state and an admitted drug addict with a long criminal record, was arrested by William F. Ross of the Tucson Police force on May 3, 1951, while carrying a stolen portable Singer sewing machine under his coat and his disclosures put the officers on the trial of the defendant. They procured a search warrant and upon a thorough search of defendant's premises a great many articles were found that Jeremy testified he had stolen from various business places in Tucson. The latter stated that the goods were delivered to the defendant and accepted by him with full knowledge that they were stolen. His version was that the articles, some of which were specifically ordered by the defendant, were bartered to the doctor for "part money and part morphine and part of a bill I owed him for morphine". From the record it appears that this illicit traffic was carried on between [74 Ariz. 14] them for a period of nearly a year with a continual increase in the amount of narcotics furnished by the defendant to satisfy Jeremy's cravings.

We are presented with a voluminous record. The reporter's transcript consists of nearly 600 pages in addition to numerous exhibits, all of which we have carefully reviewed in considering the numerous assignments of error upon which the defendant relies for a reversal of his conviction. The assignments primarily deal with the trial court's rulings upon evidentiary matters, the instructions given to the jury and the sufficiency of the information. These alleged procedural errors will be more particularly stated as we treat the contentions of the defendant.

Sufficiency of Information

The charging part of the information reads:

"Robert Morrison, the County Attorney of and for Pima County, State of Arizona, accuses W. F. Kuhnley of the crime of Receiving Stolen Property as follows: that on or about the 7th day of May 1951, and in Pima ...

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