State v. Smith

GORDON, Justice:

Appellant, Henry Smith, was convicted by a jury of the crime of armed robbery. The conviction was affirmed by the Court of Appeals, Division One, Department B in a memorandum decision, 1 CA-CR 1103, filed November 12, 1975. We granted review to examine the correctness of the trial court’s giving an instruction on flight under the facts of this case. Decision of the Court of Appeals vacated and judgment of the Superior Court reversed and remanded for a new trial.

On appeal facts are viewed to support the verdict of the jury. State v. Garcia, 102 Ariz. 468, 433 P.2d 18 (1967).

On…