STATE v. DARBY

No. 2 CA-CR 1505-2.

123 Ariz. 368 (1979)

599 P.2d 821

The STATE of Arizona, Appellee, v. Mitchell Edgar DARBY, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearings Denied July 18, 1979.

Reviews Denied September 6, 1979.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., by William J. Schafer, III, and Lynn Hamilton, Asst. Attys. Gen., Phoenix, for appellee.

Charles L. Weninger, Tucson, for appellant.


HOWARD, Judge.

The main issue in this case is whether that portion of an admission against penal interest by an accomplice that implicated the defendant was admissible in defendant's trial as an exception to the hearsay rule. We hold that it was not and reverse.

On December 15, 1977, David Miller, a salesman and departmental manager at the Woolco Department Store located on East Broadway in Tucson, Arizona, observed a male and female, both black, in the area...

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