STATE v. LOVELY

No. 2598.

110 Ariz. 219 (1973)

517 P.2d 81

STATE of Arizona, Appellee, v. Floyd Calvin LOVELY, Appellant.

Supreme Court of Arizona, En Banc.

December 20, 1973.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen. by Peter M. Van Orman, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by James H. Kemper, Former Deputy Public Defender, Phoenix, for appellant.


HAYS, Chief Justice.

Defendant was found guilty by a jury of the crime of lewd and lascivious conduct and was sentenced to prison for a term of not less than 25 nor more than 30 years. His sole defense was alibi. The victim was his seven-year-old stepdaughter. On appeal, he raises three issues:

I

Was it error to allow a police officer to testify as to the victim's hearsay account of the crime given to the officer two weeks after the crime took place...

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