STATE v. McIVER

No. 2529.

109 Ariz. 71 (1973)

505 P.2d 242

STATE of Arizona, Appellant, v. Dennis Patrick McIVER, Appellee.

Supreme Court of Arizona, In Division.

January 10, 1973.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Moise E. Berger, Maricopa County Atty., Phoenix, Thomas R. McCowan, Deputy Yavapai County Atty. and Sp. Asst. to the Atty. Gen., Prescott, for appellant.

Gibson & Gibson by Franklin K. Gibson, Phoenix, for appellee.


STRUCKMEYER, Justice.

This appeal is by the State of Arizona from an order of the Superior Court of Maricopa County granting a new trial to Dennis Patrick McIver, convicted by jury of the crime of armed robbery.

The only contested issue at the trial was the identity of the perpetrator of the offense. The complaining witness was a clerk in an auto supply house. He was robbed at the point of a gun by a cleanshaven individual. About a week later, he saw the defendant...

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