State v. Favors
Arizona Supreme Court, En Banc
375 P.2d 260 (1962)
Relevant factsFree
Favors (defendant) and two others robbed Jack Weylor at gunpoint on his property in Pima County, Arizona. After the defense rested and pointed out that the prosecution had never actually presented evidence that the crime occurred in Pima County, the trial court allowed the prosecution to reopen its case and introduce testimony establishing that the robbery took place there. Favors was convicted of robbery and appealed.
IssueFree
Whether a trial court has discretion to allow the prosecution to reopen its case and present evidence of the venue where the offense was committed at any time before the jury is instructed.