State v. Roberts, 1125
| Decision Date | 05 March 1959 |
| Docket Number | No. 1125,1125 |
| Citation | 336 P.2d 151,85 Ariz. 252 |
| Parties | STATE of Arizona, Appellee, v. Raymond ROBERTS, Appellant. |
| Court | Arizona Supreme Court |
W. E. Ferguson, Holbrook, and Fred O. Wilson, Show Low, for appellant.
Robert Morrison, Atty. Gen., Edwin R. Powell, County Atty. of Navajo County, Holbrook, for appellee.
Appellant Reymond Roberts was tried and convicted, together with one Spencer Wyrick, of the crime of robbery from the person of one D. K. Lester, and Roberts appeals essentially on the ground that the probative evidence is not sufficient to sustain the conviction.
Appellant's argument is based on his view that the evidence showed only that he was present while Wyrick committed the robbery. If that were all, the proof might indeed be insufficient, as consistent with innocence as with guilt. Cf. Acker v. State, 26 Ariz. 372, 379, 226 P. 199, 201. But that is not all.
The State's evidence consisted in the main of the testimony of D. K. Lester, the victim, and Harry Thompson, Lester's companion and an eyewitness to the robbery. Both were Navajo Indians and Lester testified through an interpreter, whose interpretation of what Lester said was sometimes confusing, and Thompson's testimony at times was also garbled and difficult to comprehend. However, taking their testimony together, the written record reveals; (i) the lavatory where the robbery took place was small; appellant stood about two feet away from Lester while Wyrick held the victim facing the wall and took his money and an endorsed check; (ii) when Thompson came upon the scene, appellant had money and Lester's check in hand while Wyrick was still holding Lester; and (iii) appellant then 'tried to go around after me [Thompson].' It is undisputed that Roberts later had possession of Lester's check and deposited it to his business account.
In light of the recited testimony, we think the evidence is sufficient for a jury to find appellant guilty by reason of having acted in concert with Wyrick and aided and abetted the commission of the crime within the meaning of A.R.S. Section 13-139. To aid and abet means simply to assist in the commission of an act, either by an active participation in it or in some manner advising or encouraging it. See Hunter v. State, 47 Ariz. 244, 55 P.2d 310; Cline v. State, 21 Ariz. 554, 192 P. 1071. Of course, evidence relied on by appellant conflicts with what Lester and Thompson said, but the jury obviously accepted the testimony of Lester and Thompson. That testimony being not inherently incredible, the weight and credibility of the evidence are matters for the jury, whose decision on disputed facts is final. Antone v. State, 49 Ariz. 168, 65 P.2d 646.
Moreover, in the light of all the...
To continue reading
Request your trial
-
State v. Goodyear
...that it is a discretionary function of the trial courts as to whether a motion for a separate trial should be granted. State v. Roberts, 85 Ariz. 252, 336 P.2d 151; State v. Smith, 6 Ariz. 305, 135 P.2d 879; State v. Sanchez, 59 Ariz. 426, 129 P.2d Other states have followed this rule. Unit......
-
State v. Miller
...assist in the commission of an act, either by active participation in it or in some manner advising or encouraging it. State v. Roberts, 85 Ariz. 252, 254, 336 P.2d 151. Aiding and abetting contemplates some positive act in aid of the commission of the offense; and active force physical or ......
-
Alonzi v. People
...v. Francis, 71 Cal.2d 66, 75 Cal.Rptr. 199, 450 P.2d 591 (1969); Hallback v. State, 361 P.2d 336 (Alaska, 1961); State v. Roberts, 85 Ariz. 252, 336 P.2d 151 (1959). The plain meaning of "abet" includes "encourage." If the language of a statute is plain, it will not be subjected to a strain......
-
State v. Collins, 1865
...an innocent bystander and its decision concerning the weight and credibility of defendant's testimony is final. State v. Roberts, above, 85 Ariz. 252, at p. 254, 336 P.2d 151. We are only concerned with whether there is substantial evidence in support of the verdict. State v. Rivera, 94 Ari......