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State v. Elias

Supreme Court of Arizona

November 10, 1952

STATE
v.
ELIAS

Judgment affirmed.

Carlos G. Robles, Tucson, for appellant.

Robert Morrison, County Atty. of Pima County, Tucson, Fred O. Wilson, Atty. Gen., for appellee.

Stanford, Justice. Udall, C. J., De Concini and La Prade, JJ., and Kelly, Superior Court Judge, concur. Phelps, J., being unable to take part in the case, the Honorable Henry C. Kelly, Judge of the Superior Court of Yuma County, participated in his stead in the determination of this appeal.

OPINION

Stanford, Justice.

[74 Ariz. 375] Appellant, Ronald Elias, who will be termed defendant, was charged in an information with the crime of receiving stolen property, the information alleging the date as on or about the 18th day of November, 1951, and alleging the act to have occurred in the county of Pima, state of Arizona. Defendant asked for a bill of particulars and since the same will aid in the matter of the facts of the case, we herewith quote:

"The beef referred to in the information is a carcass of a white-faced cow belonging to one Connie Nagley and killed on or about the evening of Sunday, November 18, 1951, by Carl Clark and Bill Moyer on the range of Connie Nagley located approximately four (4) miles north of Oracle, Arizona and slightly to the west of the Oracle-Tiger highway. The said beef weighed about four hundred (400) pounds when quartered and dressed."

Testimony in the case showed that about a month before the time in question, Bill Moyer borrowed a meat saw from this defendant. It also showed that in the fall of 1951, Moyer purchased a 1939 Chevrolet

Page 942

sedan from the father of defendant, Alex Elias, Sr., and used the car to haul meat on several occasions. In the early part of 1951 Moyer approached the defendant at [74 Ariz. 376] the Pioneer Meat Market, which was owned by the father of defendant, and asked defendant if he could handle "hot meat". Defendant refused, but a week later he was approached again by Moyer and said that he could use the meat at the price of 22 cents a pound. This defendant was the manager of the Pioneer Meat Market conducted by his father, Alex Elias, Sr.

The testimony shows that on the evening of Sunday, the 18th day of November, 1951, the said Moyer and Carl Clark, the latter being an employee at the said meat market, delivered the meat in question to the Pioneer Meat Market and early Monday morning Clark called for this defendant and took him to the market where they both skinned the cow, boned it out, segregated it and made hamburger out of the trimmings. On the same day Moyer came in and collected $ 80 from Ronald Elias, this defendant, and gave $ 40 to Carl Clark. The testimony of the state further showed that during the year 1951, Moyer brought "hot meat" to Elias' market on sixteen other occasions.

On the trial of this defendant for the crime charged he was convicted and sentenced to serve a term of one to three years in the state penitentiary, and from that ...


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