Bryant v. Territory of Arizona
Arizona Supreme Court
APPEAL from a judgment of tbe District Court of tbe First Judicial District, in and for tbe County of Pima. John H. Campbell, Judge. Tbe facts are stated in the opinion. Tbe courts have time and again held that,an instruction requiring tbe defendant to establish tbe facts by a preponderance of tbe evidence, or to tbe satisfaction of tbe jury, is erroneous.
Read the full summary
APPEAL from a judgment of tbe District Court of tbe First Judicial District, in and for tbe County of Pima. John H. Campbell, Judge. Tbe facts are stated in the opinion. Tbe courts have time and again held that,an instruction requiring tbe defendant to establish tbe facts by a preponderance of tbe evidence, or to tbe satisfaction of tbe jury, is erroneous. Anderson v. Territory, 9 Ariz. 50, 76 Pac. 636; People v. West, 49 Cal. 610; People v. Elliott, 80 Cal. 296, 22 Pae. 207. When a person is assaulted and kills bis assailant in alleged self-defense, tbe question to be determined is whether…
1Opinion of the Court
DOAN, J. —
The appellant, Bryant, was convicted of murder in the district court of Pima county, a motion for a new trial was denied, and he was sentenced to a term of imprisonment. From the judgment of conviction, and the denial of a motion for a new trial, he appeals.
The assignments of errors are based entirely upon the instructions of the court. Two instructions, to which the counsel for the defendant excepted, are presented to us for our consideration. The appellant claims that the court erred in instructing the jury that “upon a trial for murder, the commission of the homicide by the…
2Cases cited4 opinions
- Halderman v. Territory of ArizonaArizona Supreme Court · 1900
- Anderson v. Territory of ArizonaArizona Supreme Court · 1904
- Foster v. Territory of ArizonaArizona Supreme Court · 1899
- Morgan v. Territory of ArizonaArizona Supreme Court · 1901
3Cited by7 opinions
- MacIas v. StateArizona Supreme Court · 1929
- Everett v. StateArizona Supreme Court · 1960
- State v. CopenbargerIdaho Supreme Court · 1932
- State v. MaloneyArizona Supreme Court · 1966
- Encinas v. StateArizona Supreme Court · 1923
2 more not listed; retrieve them via the Exa API.