(Download) "State V. Fullem" by Arizona Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Fullem
- Author : Arizona Court of Appeals
- Release Date : January 07, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
James Edward Fullem ("defendant") appeals his convictions for unlawful use of food stamps. Arizona Revised Statutes Annotated ("A.R.S.") section 13-3701 provides that the crime of unlawful use of food stamps occurs when a person "transfers, acquires, or possesses food stamps . . . in any manner not authorized by law or by the state department of economic security." We hold that (1) it was not fundamental error for the state to prove by hearsay evidence the existence of the Department of Economic Security ("DES") regulation prohibiting the sale or transfer of food stamps, and (2) while the jury should have been instructed that an element of the crime prescribed by A.R.S. section 13-3701 is the DES regulation that prohibits the sale or transfer of food stamps "with deceitful intent," the failure to instruct on this essential element of the offense was not fundamental error because there was no issue as to defendant's intent in selling the food stamps. We therefore affirm.