State v. Andrade
| Decision Date | 19 February 1958 |
| Docket Number | No. 1105,1105 |
| Citation | 83 Ariz. 356,321 P.2d 1021 |
| Parties | The STATE of Arizona, Appellee, v. Joe ANDRADE and Steve B. Chavez, Appellants. |
| Court | Arizona Supreme Court |
Robert Morrison, Atty. Gen., Raul H. Castro, County Atty. of Pima County, H. E. Rogge, Jr., Deputy County Atty., Tucson, for appellee.
Stanley B. Feldman, Tucson, for appellant Andrade.
William C. Scott, Tucson, for appellant Chavez.
Joe Andrade and Steve B. Chavez appeal from a conviction of first degree burglary primarily on the ground that the prosecution presented insufficient evidence to warrant submission of their guilt to the jury. If this be so, the trial court should have granted the motions for directed verdicts of acquittal which they made at the close of the prosecution's case and again at the close of all the evidence.
The prosecution established the following: Someone burglarized the C. E. Paulin residence in the eastern section to Tucson between 2:00 p. m. and 10:15 p. m. on the evening of March 2, 1957. The burglar or burglars gained entry by breaking a glass door in the rear of the residence. The fact that blood droplets left by a burglar had not completely dried by 12:00 midnight may indicate recentness but do not conclusively reveal how recently the burglary occurred because, according to the evidence, blood drying time varies with temperature, humidity, ventilation, and thickness of the droplets. At 10:15 p. m. approximately a mile and a half north of the Paulin residence an officer stopped an automobile which had been speeding in a northerly direction. Andrade and Chavez, along with two others, were passengers in the automobile. The fifth occupant, the driver and owner, unsuccessfully attempted to run from the automobile after the officer had ordered him out. A search of the automobile trunk uncovered most of the items stolen from the Paulin residence and a search of the back seat uncovered the remainder (mostly clothing) along with some clothing belonging to Chavez. Food taken from the Paulin refrigerator and carried in a small airlines bag lined with a rubberized insulating material still felt cold when uncovered in the automobile. After midnight the police discovered a still-bleeding inchlong cut on the index finger of Vance, one of the other two passengers. Andrade and Chavaz denied having any knowledge of the burglary or of the stolen property in the automobile.
To this evidence the defense added the following: Andrade and Chavez spent an hour to an hour and a half in the El. Tropical...
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State v. Arnold, 59894
...defendant was riding in an automobile in which recently stolen property was found. 24 Ill.2d 11, 179 N.E.2d at 660. State v. Andrade, 83 Ariz. 356, 321 P.2d 1021 (1958), involved the burglary of a residence between 2:00 p.m. and 10:15 p.m. Defendant and others were arrested in an automobile......
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