STATE v. ROCHA

No. 2 CA-CR 73.

5 Ariz. App. 163 (1967)

424 P.2d 205

The STATE of Arizona, Appellee, v. Santiago ROCHA, Appellant.

Court of Appeals of Arizona.

Rehearing Denied March 22, 1967.


Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Gary K. Nelson, Asst. Atty. Gen., Phoenix, William J. Schafer, III, County Atty. of Pima County, Tucson, for appellee.

Kosteck, Kimerline & Marvel, by Nelfred G. Kimerline, Tucson, for appellant.


MOLLOY, Judge.

This is an appeal from a conviction of burglary.

Police officers had advance information of a possible robbery and had "staked out" a bar next to a grocery store. In this manner they "lucked on" to the burglary of the grocery store which occurred as they waited for the robbery of the bar. Three police officers observed the scene through binoculars and with naked eye. The burglary occurred late at night but there were street lights and some lighting...

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