State v. Mays

HATHAWAY, Chief Judge.

Gary Allen Mays has appealed from a conviction of assault with a deadly weapon and has presented for review two questions relating to the admission of testimony and evidence.

Considering the testimony most favorably in support of the State’s case, we find that near midnight on the 22d of August, 1966, the complaining witness, Dawson, and five other high school students were swimming in the St. Ambrose swimming pool in Tucson. A 1966 Cadillac, the color of which is in conflict, drove near the area and circled the block several times. The swimmers departed from their…