STATE v. STOTTS

No. 2 CA-CR 127.

8 Ariz. App. 340 (1968)

446 P.2d 244

The STATE of Arizona, Appellee, v. John W. STOTTS, Jr., Appellant.

Court of Appeals of Arizona.

Rehearing Denied November 22, 1968.

Review Denied December 24, 1968.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Darrell F. Smith, Former Atty. Gen., Carl Waag, Asst. Atty. Gen., for appellee.

Ralph E. Seefeldt, Tucson, for appellant.


MOLLOY, Judge.

This appeal questions the propriety of failing to instruct a jury in a criminal action that, before there could be conviction on circumstantial evidence, each fact essential to complete a chain of circumstantial evidence must be established beyond a reasonable doubt and such evidence must exclude every rational hypothesis of innocence.

The defendant was charged with burglary and grand theft and convicted on both counts. The evidence establishes...

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