Sunday, November 17, 2013

State v. Favors case brief

State v. Favors case brief summary
375 P.2d 260 (1962)

Defendant challenged a judgment from the Superior Court of Pima County (Arizona), which convicted him of robbery.

Defendant and two other men were accused of robbing another man at gunpoint. Defendant alleged that he was somewhere else at the time of the crime. He was convicted of robbery after a jury trial.


  • On appeal, the court upheld his conviction. 
  • There was no error in the trial court's decision to reopen the case to permit the prosecution to establish venue. 
  • There was no error in the admission of a prior written statement by a defense witness, which was inconsistent with the direct testimony from that witness. 
  • Furthermore, the trial court properly instructed the jury that the signed statement was to be considered only for determining the credibility of the witness. 
  • There was no error in the denial of defendant's motion for mistrial because of an improvident answer to a question by a witness. 
  • Defendant had not moved to strike the answer and had not asked the trial court to instruct the jury to disregard it. 
  • Finally, under Ariz. R. Crim. P. 231, there was no error in granting the jury's request to rehear parts of the testimony.

The court affirmed defendant's conviction.

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