State v. Kaiser

LOCKWOOD, Justice:

This case is before us on a petition for review of a Court of Appeals opinion reported at 16 Ariz.App. 533, 494 P.2d 733 (1972). The opinion of the Court of Appeals is vacated;' the judgment of the Superior Court is reversed; and the case is remanded for a new trial consistent with this opinion.

The defendant Harry Kaiser appealed from a jury verdict of guilty based upon an information charging assault with a deadly weapon under A.R.S. § 13-249, as amended. At the trial, the defendant did not take the stand but attempted to call a character witness, Edythe Reichard. The trial…