State v. Franklin

HAYS, Justice.

The defendant, Nathaniel Franklin, was convicted of the robbery of the Diamond E. Market in Phoenix, Arizona. The testimony adduced at trial as it relates to the questions raised on appeal indicates that he was arrested by two uniformed police officers. The officers gave chase after being informed by a woman that the suspect then running by had robbed a market.

One of the officers found the defendant crouched in a shed with a pistol in his hand. The officer saw him take a stocking cap from his head and throw it to the ground. Besides the pistol the officer took some bullets and…