STATE v. SAENZ

No. 1157.

88 Ariz. 154 (1960)

353 P.2d 1026

STATE of Arizona, Appellant, v. Ralph D. SAENZ, Appellee.

Supreme Court of Arizona.

July 8, 1960.


Attorney(s) appearing for the Case

Wade Church, Atty. Gen., Leslie C. Hardy, Chief Asst. Atty. Gen., Harry Ackerman, County Atty., Pima County, John L. Claborne, Deputy County Atty., Tucson, for appellant.

Richard J. Dowdall, Tucson, for appellee.


BERNSTEIN, Justice.

The State appeals from an order setting aside a jury verdict which found defendant guilty of burglary in the first degree and granting defendant a new trial. The order was based on three grounds: that the verdict was contrary to the weight of the evidence; that new and material evidence was discovered after the trial; and that the court erred in refusing defendant's request to examine certain notes prepared by a witness for the State. The State...

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