STATE v. VILLALOBOS

No. 1 CA-CR 121.

6 Ariz. App. 144 (1967)

430 P.2d 723

STATE of Arizona, Appellee, v. Frank Soto VILLALOBOS, Appellant.

Court of Appeals of Arizona.

July 28, 1967.


Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., by Leroy R. Park, Asst. Atty. Gen., for appellee.

Vernon B. Croaff, Public Defender, by Grant Laney, Deputy Public Defender for appellant.


CAMERON, Chief Judge.

The defendant appeals from a conviction and judgment of guilt to the crime of burglary, first degree. (A.R.S. §§ 13-301, 13-302) We are called upon to determine the admissibility of hearsay testimony under the "res gestae" or "spontaneous exclamation" exception and the admission of testimony concerning a so-called "admission by silence".

The facts necessary for a determination of this appeal follow. The home of Victor O. Rivera...

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