STATE v. TAFOYA

No. 1870.

104 Ariz. 400 (1969)

454 P.2d 145

The STATE of Arizona, Appellee and Cross-Appellant, v. Richard Florentino TAFOYA, a.k.a. Robert Peralta Herrera, Appellant and Cross-Appellee.

Supreme Court of Arizona, In Banc.

May 5, 1969.


Attorney(s) appearing for the Case

John S. O'Dowd and David H. Lieberthal, Tucson, for appellant and cross-appellee.

Darrell F. Smith, Mesa, former Atty. Gen., Gary K. Nelson, presently Atty. Gen., and Carl Waag, Asst. Atty. Gen., Phoenix, for appellee and cross-appellant.


UDALL, Chief Justice:

This is an appeal by the defendant from a conviction of the crime of robbery. The uncontradicted facts are as follows:

On the evening of February 17, 1967 James Adams, a ticket seller at the Tucson Greyhound Bus Depot, was robbed at gun point. The gunman, whom Adams had never seen before, approached the cashier's window and demanded money. Adams gave him over $600 in cash. Five women witnessed the robbery. One, Jill Barnes, was standing...

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