State v. Villavicencio
| Decision Date | 08 January 1964 |
| Docket Number | No. 1307,1307 |
| Citation | 95 Ariz. 199,388 P.2d 245 |
| Parties | STATE of Arizona, Appellee, v. Fermin VILLAVICENCIO, Appellant. |
| Court | Arizona Supreme Court |
Robert W. Pickrell, Atty. Gen., Stirley Newell, Asst. Atty. Gen., Phoenix, for appellee.
Gibson & Gibson, Phoenix, for appellant.
Fermin Villavicencio was charged with illegal sale of narcotic drugs. After a jury trial, he was found guilty and sentenced to five to seven years in the state penitentiary. This appeal followed.
During the trial, Roy Madrid, a state narcotics agent, testified that he and Neo Martinez visited appellant's home. Madrid's testimony regarding this encounter was as follows:
The appellant now contends that 'the alleged sale of a can of marijuana to Neo [Martinez] is a separate and distinct act and is irrelevant and is not admissible.' The appellant claims the introduction of such testimony constitutes reversible error. We disagree.
Evidence of other criminal acts is admissible when so blended or connected with the crime of which defendant is accused that proof of one incidentally involves the other or explains the circumstances of the crime. United States v. McCartney, 264 F.2d 628 (7th Cir. 1959); Guajardo v. State, 168 Tex.Cr.R. 503, 329 S.W.2d 878 (Tex.Cr.App.1959); State v. Kuhnley, 74 Ariz. 10, 242 P.2d 843 (1952); 1 Wigmore, Evidence (3rd ed.) § 218; Udall, Arizona Law of Evidence § 115; Wharton's Criminal Evidence (12th ed.) § 284. This principle that the complete story of the crime may be shown even though it reveals other crimes has often been termed 'res gestae'. See, e. g., Guajardo v. State, supra; State v. Kuhnley, supra; and Wharton, supra. Udall has criticized the use of this term as 'meaningless and confusing.' 1 To help unconfound this confusion, we choose to refer to this as the 'complete story' principle, rather than 'res gestae.'
In the instant case, the testimony of Madrid which disclosed another crime, i. e., defendant's sale of narcotics to Neo Martinez, was admissible. The jury was entitled to have the alleged crime, i. e., the sale to Madrid, fixed in the background of the accompanying events. The sale to Martinez shed light on the main issue. Consequently, this portion of Madrid's testimony merely completed the story of the crime.
Appellant's second assignment of error concerns the lower court's denial of appellant's motion for new trial on grounds of newly discovered evidence. During the trial, defendant attempted to establish an alibi by the introduction of testimony that defendant had left Phoenix the day before the...
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...truck after his own broke down. Moreover, evidence of prior bad acts is admissible to "complete the story." State v. Villavicencio, 95 Ariz. 199, 201, 388 P.2d 245, 246 (1964). Here, the warrant explained how officers finally learned of Henry's true identity, and of the murder itself. Two d......
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Ballenger v. State
...complete story of the crime" evidence or testimony may be given even though it may reveal or suggest other crimes. State v. Villavicencio, 95 Ariz. 199, 388 P.2d 245 (1964). Brown, 483 So.2d at In the case at bar, evidence of the burning of decedent's house was not offered to show Ballenger......
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State v. Mincey
...in the shooting. We also believe the evidence was admissible to complete the story of the crime. See Price, supra; State v. Villavicencio, 95 Ariz. 199, 388 P.2d 245 (1964). Furthermore, "Arizona follows the English or 'wide open' rule, wherein cross-examination may extend to all matters co......
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