State v. Gregory

CAMERON, Vice Chief Justice.

This is an appeal from jury verdicts and judgments of guilt to the crimes of robbery, §§ 13-641 and 13-643 A.R.S., and assault with a deadly weapon, § 13-249 A.R. S., with concurrent sentences of not less than 10 nor more than 12 years as to each offense.

We are called upon to answer the following questions:

1. Was the evidence sufficient to sustain a conviction for assault with a deadly weapon where the testimony does not indicate that the gun was loaded ?

2. Was it error for the trial court to deny the defendant’s motion for a mistrial because of misconduct of the…