State v. Darby

HOWARD, Judge.

The main issue in this case is whether that portion of an admission against penal interest by an accomplice that implicated the defendant was admissible in defendant’s trial as an exception to the hearsay rule. We hold that it was not and reverse.

On December 15, 1977, David Miller, a salesman and departmental manager at the Woolco Department Store located on East Broadway in Tucson, Arizona, observed a male and female, both black, in the area where he was showing television games. The female, later identified as 15-year-old Beverly Thomas, took a television game and placed it in…