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(Download) "State v. Garvey" by Arizona Supreme Court * Book PDF Kindle ePub Free

State v. Garvey

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eBook details

  • Title: State v. Garvey
  • Author : Arizona Supreme Court
  • Release Date : January 21, 1948
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

The facts out of which this legal controversy arose are as follows: On March 7, 1948, Jesus Ramirez, appellant, was seriously injured by being struck by a beer bottle either thrown by or in the hands of one Alfonso Gill. Shortly after dark on that date Ramirez arrived at the store of Saturnino Chavez, appellee herein, located in the Gila Valley in Yuma County. Ramirez was looking for a man by the name of Rodriguez from whom he desired to borrow some money. He was accompanied to Chavezs store by his brother-in-law, Raoul Argomanez, one Esteban Casias and his small son. Ramirez and his associates had drunk at least three bottles of beer each during the afternoon before leaving home and he was sitting at the Chavez bar drinking another bottle with his friend Rodriguez when Chavez entered the store. According to Ramirez the first thing Chavez said to him was that he was going to put him out. There is a great deal of evidence to the effect that Ramirez at the time was using profanity and talking in a loud and threatening manner. The gravamen of his complaint was that some acquaintance of his who was an elderly man had been mistreated recently prior thereto while in the Chavez store. Ramirez denied the use of profanity or that his conversation was loud or threatening but admitted that he and Rodriguez were talking about the mistreatment of the elderly gentleman at the time he was informed that he would be put out. Upon being removed from the store by Chavez which was accomplished by Chavez taking him by the left arm and leading or pulling him out (Ramirez offering no resistance whatever) and while Chavez still had hold of him some 12 or 15 feet from the front door (some witnesses said 12 or 15 paces) one Alfonso Gill came up from behind Chavez and struck Ramirez between the eyes with a beer bottle tearing the left eye out of its socket and necessitating its permanent removal. The other eye was also seriously injured.


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