State v. Denny

OPINION

FROEB, Chief Judge.

We are required to determine in this criminal appeal whether the removal of encumbered property from a restaurant subjected appellant to the criminal sanctions of A.R.S. § 44-1219.

Appellant owned two-thirds of the stock of three Arizona corporations which in turn owned and operated three restaurants: namely, Neptune’s Table, Neptune’s Fish and Chowder and Neptune’s East.

In December 1974, appellant removed certain wall decorations from Neptune’s Table in Phoenix, Arizona, and took them to Torrance, California, where they were installed in another restaurant in which…