State v. Jacobs
| Decision Date | 21 November 1973 |
| Docket Number | No. 2550,2550 |
| Citation | 515 P.2d 1171,110 Ariz. 151 |
| Parties | STATE of Arizona, Appellee, v. Alkcus JACOBS and William Elmer Lollis, Appellants. |
| Court | Arizona Supreme Court |
Gary K. Nelson, Atty. Gen., Thomas A. Jacobs, Asst. Atty. Gen., Phoenix, for appellee.
Nelson & Moran by Thomas A. Moran, Yuma, for appellants.
Defendants, Alkcus Jacobs and William Lollis, were found guilty by a jury of manslaughter while armed with a deadly weapon. They were sentenced to a term of not less than seven nor more than ten years in the Arizona State Prison. Defendants appeal from their conviction and sentence. For the reasons advanced below, the judgment of the trial court is affirmed.
The facts are confused and contradictory. However, they must be taken in the light most favorable to sustaining the verdict. State v. Dutton, 106 Ariz. 463, 478 P.2d 87 (1970). The relevant facts are as follows:
Robert Waggoner, the victim, arrived at a labor camp at Horn, Arizona on the afternoon of December 5, 1971. He and most of the other residents of the camp got drunk during the afternoon and evening. At approximately 1 A.M on the 6th of December, an argument and fight ensued in the bunkhouse. Waggoner pulled a knife and stabbed William Mitchell who was staying in the same room. Mitchell called for help. One of the defendants, Lollis, left his own room in order to find out what happened. Waggoner left his room and proceeded out the front door of the bunkhouse.
Both Lollis and Jacobs got clubs and followed Waggoner. They overtook him and Lollis struck him over the head with the axe handle that he was carrying. After the victim fell to the ground they continued to strike him with their clubs. The owner of the camp, John L. Johnson, was notified that a fight was in progress and came out to see what was happening. He then saw Jacobs kicking the victim and Lollis leaving the area where the attack took place.
At the scene of the attack was found a wooden window shade roller which Jacobs had used as a club. It was broken into four pieces. By the body was the victim's pocket knife with the smaller of the two blades open.
Medical testimony introduced during the trial established that the victim died of a blow to the head which crushed his skull. It was also established that the victim had multiple lacerations and abrasions on the face, arms, hands and knee.
At the trial the defendants admitted killing the victim but claimed that they acted in self-defense. They claimed that the victim was armed with a knife and that they were only defending themselves.
In his appeal counsel for the defendant makes five designations of error. Four of these are claims that the verdict is contrary to or not supported by the weight of the evidence. Since the defendants admitted that they killed the...
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State v. Toney
...it would reach the same decision but whether there was competent evidence to support the conclusion of the jury. State v. Jacobs, 110 Ariz. 151, 515 P.2d 1171 (1973); State v. Lemon, 110 Ariz. 568, 521 P.2d 1000 (1974). Evidence is not insubstantial simply because testimony is conflicting o......
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State v. Collins, 2838
...punishment? 6. Was defendant's sentence excessive? The facts, taken in a light most favorable to sustain the verdict, State v. Jacobs, 110 Ariz. 151, 515 P.2d 1171 (1973), are as Terry Brentwood Young was killed by a shot from a gun fired by John Lee Collins, the defendant's younger brother......
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State v. Parker
...law. An appellate court must view the evidence and draw all reasonable inferences from it to sustain the conviction. State v. Jacobs, 110 Ariz. 151, 515 P.2d 1171 (1973). The evidence supports the inference that appellant was an accomplice of co-defendant in the armed robbery. A.R.S. Sec. 1......
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State v. Villalobos Alvarez, 1
...not reach other issues. On appeal, we have examined the record in the light most favorable to sustaining the verdict. State v. Jacobs, 110 Ariz. 151, 515 P.2d 1171 (1973). Defendant was charged with possession of a narcotic drug in violation of A.R.S. § 13-3406(A)(1). Therefore, the state h......