State v. Harvill, 1187
| Decision Date | 07 June 1961 |
| Docket Number | No. 1187,1187 |
| Citation | 362 P.2d 663,89 Ariz. 340 |
| Parties | STATE of Arizona, Appellee, v. Bill HARVILL, Appellant. |
| Court | Arizona Supreme Court |
Francis J. Brown, Phoenix, for appellant.
Wade Church, former Atty. Gen., Robert W. Pickrell, present Atty. Gen., and John A. Murphy, Jr., Asst. Atty. Gen., for appellee.
Defendant was tried and convicted of the crime of Grand Theft by false representations. Judgment and sentence were pronounced May 9, 1960, on which date defendant filed his notice of appeal. Said appeal was filed in this Court September 9, 1960. Defendant's opening brief was due on December 24, 1960 but was not duly filed. Subsequent to that time on April 13, 1961, the following correspondence was sent from the Attorney General to the defendant's counsel:
When no response was received within the ten-day period, the State filed a motion to dismiss appeal and forfeit appeal bond or in the alternative a motion to submit for decision on the record. The latter motion was granted. Subsequent to the granting of the motion and by this time grossly delinquent, appellant's opening brief was filed on May 12, 1961.
This Court has thoroughly examined the record and can find no error in the trial court's judgment. While we are not required to examine a tardy appellate brief, especially one filed after the motion was granted to submit for decision on the record, and especially where defendant's counsel was so remiss as to keep this Court and the office of the Attorney General uninformed as to the reason for the tardiness, yet, we have done so.
Defendant contended that the trial court erred in not granting defendant's motion to direct the county attorney not to ask the defendant on cross-examination if he had been convicted of a felony or to cross-examine the defendant of his past criminal record or offenses, unrelated in time, place or character of the offense charged in the Information in the case. Defendant further contended that when this motion was refused the defendant under the circumstances could not proceed and consequently the case was submitted to the jury without any testimony from the defendant in his own defense. Defendant cited Lewis v. Territory, 7 Ariz. 52, 60 P. 694, in support of the proposition that the State cannot...
To continue reading
Request your trial
-
State v. Duarte, 2 CA-CR 2017-0349
...no longer reasonably reflects the witness's credibility. See Todd , 244 Ariz. 374, ¶ 6, 418 P.3d 1147 ; see also State v. Harvill , 89 Ariz. 340, 342, 362 P.2d 663, 665 (1961). Accordingly, we cannot say the trial court abused its discretion in precluding evidence of the conviction under Ru......
-
State v. King
...however, be so remote as to have reasonably lost all relevancy with respect to the purpose for which it is introduced. State v. Harvill, 89 Ariz. 340, 362 P.2d 633 (1961). Thus, for example, this court has held that a thirty year old conviction is not a valid impeachment device, Sibley v. J......
-
State v. Reeden
...where the prior felony conviction is so remote that it cannot reasonably cast a reflection on the witness's credibility, State v. Harvill, 89 Ariz. 340, 362 P.2d 663. Sibley v. Jeffreys, 76 Ariz. 340, 264 P.2d * * * * * * 'The State argues that there is nothing before this Court on which to......
-
State v. Barker
...where the prior felony conviction is so remote that it cannot reasonably cast a reflection on the witness's credibility, State v. Harvill, 89 Ariz. 340, 362 P.2d 663. We said in Sibley v. Jeffreys, 76 Ariz. 340, 345, 264 P.2d 831, 'There is no exact yardstick to measure the time that must e......