State v. Cadena

DONOFRIO, Chief Judge.

The defendant, Manuel Modesta Cadena, was originally charged with two crimes— obstructing justice, and assault with a deadly weapon — all of which arose out of an incident which occurred on February 10, 1967, in Phoenix, Arizona. At the close of the State’s case, a motion to dismiss the charge of obstructing justice was granted. The jury was concerned only with the issue of assault with a deadly weapon.

The prosecution showed that a Phoenix police officer was summoned to a private residence in response to a family dispute call. In the residence the officer found that…