STATE v. NORIEGA

No. 2 CA-CR 94.

5 Ariz. App. 572 (1967)

429 P.2d 459

The STATE of Arizona, Appellee, v. Richard Rivera NORIEGA, Appellant.

Court of Appeals of Arizona.

June 15, 1967.


Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Carl Waag, Asst. Atty. Gen., Phoenix, for appellee.

S. Jeffrey Minker, Tucson, for appellant.


KRUCKER, Judge.

This case is presently pending in this Court on the defendant's appeal from a conviction of obstructing justice. No briefs have been filed because the defendant has filed a motion for remand to the Superior Court to enable him to move for a new trial on the ground of newly discovered evidence.

Appended to the motion for remand are two affidavits. The affidavit of a potential witness, Mr. Padilla, who was not available at the time of trial,...

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