State v. Harvill

HAYS, Justice.

Appellant, Kenneth Wayne Harvill, was tried before a jury and convicted of attempted armed robbery and sentenced to serve not less than four nor more than five years in prison. Appellant now comes to this court alleging that the trial court committed reversible error in denying appellant’s motion for a directed verdict and for improperly instructing the jury on the probative value of circumstantial evidence.

The testimony at the trial revealed the following factual situation. The Phoenix Police Department received a tip that the El Maya Restaurant was to be robbed on October 22,…