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PUZ v. McDONALD

No. 2 CA-CIV 4892.

140 Ariz. 77 (1984)

680 P.2d 213

James R. PUZ and Mary E. Puz, husband and wife, Plaintiffs/Appellees, v. Richard Joseph McDONALD, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Granted January 12, 1984.

Attorney(s) appearing for the Case

Thomas E. Johnson and Ned Vigil by Thomas E. Johnson, Tucson, for plaintiffs/appellees.

William J. Risner by Kenneth K. Graham, Tucson, for defendant/appellant.

OPINION

HATHAWAY, Judge.

On February 24, 1981, Richard McDonald and Michael Howard, armed and wearing bullet-proof vests, attempted to rob a pharmacy owned by appellees. Their attempt was aborted when McDonald turned away from Mrs. Puz, who was then able to grab her own gun and shoot him in the back. McDonald and Howard were apprehended by police as they attempted to flee, and were subsequently indicted on several counts of armed robbery, armed kidnapping...

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