State v. Harrington

OPINION

JACOBSON, Judge.

The defendant, Robert Frank Harrington, was charged by information with the murder of James Parmly Johnson, Jr. in Phoenix, Arizona, in December, 1974. The matter proceeded to trial and the evidence showed that Harrington shot the victim in the head at close range during a bitter argument at Harrington’s residence in the late evening after both had been drinking. Appellant’s theory of the case was self-defense.

At the close of the state’s case, the court denied two defense motions for mistrial and entered judgment of acquittal as to murder in the first degree. Defense…