STATE v. KISER

No. 2718-2.

111 Ariz. 316 (1974)

529 P.2d 215

The STATE of Arizona, Appellant, v. Harry Earl KISER, Appellee.

Supreme Court of Arizona, In Banc.

December 13, 1974.


Attorney(s) appearing for the Case

Gary K. Nelson, Former Atty. Gen., N. Warner Lee, Atty. Gen., Phoenix, Dennis DeConcini, Pima County Atty., by Stephen M. Weiss, Grove M. Callison, and William L. Scholl, Deputy County Attys., Tucson, for appellant.

Chandler, Tullar, Udall & Richmond, by Robert E. Lundquist, Tucson, for appellee.


CAMERON, Vice Chief Justice.

This is an appeal from an order of the Superior Court granting defendant Harry Earl Kiser's motion for a new trial.

We must answer only one question on appeal and that is: When a defendant takes the stand and testifies and is impeached by a prior felony conviction which prior conviction is on appeal and that prior felony conviction is later reversed by the appellate court and the matter later dismissed, may the defendant be granted...

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