Territory of Arizona v. Monroe
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fifth Judicial District in and for the County of Graham, Eugene A. Tucker, Judge, sustaining a demurrer to the indictment. The facts are stated in the opinion. The indictment was not invalid for the reason that accused was not designated as bailee, trustee, or lodger, as stated in paragraph 461 of the Penal Code of Arizona.
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APPEAL from a judgment of the District Court of the Fifth Judicial District in and for the County of Graham, Eugene A. Tucker, Judge, sustaining a demurrer to the indictment. The facts are stated in the opinion. The indictment was not invalid for the reason that accused was not designated as bailee, trustee, or lodger, as stated in paragraph 461 of the Penal Code of Arizona. Paragraph 461 of the Penal Code of Arizona being the same, word for word, as section 507 of the California Penal Code; the adoption of a statute from another state adopts with it the construction placed upon it by the…
1Opinion of the CourtCampbell, J.
The defendant was indicted for the crime of embezzlement. A general demurrer to the indictment was sustained, and the attorney-general being of the opinion that error was committed to the prejudice of the territory, and that it is important to a correct and uniform administration of the criminal law that this court should decide the point of law involved, has brought this appeal under the provisions of section 1038 of the Penal Code. The indictment was drawn to charge an offense under section 461 of the Penal Code, which is as follows: “Every person intrusted with any property as bailee,…
2Cases cited1 opinion
- Hinds v. Territory of ArizonaArizona Supreme Court · 1904
3Cited by6 opinions
- Ex Parte ViceCalifornia Court of Appeal · 1907
- State v. WhiteIdaho Supreme Court · 1928
- State v. MillerArizona Supreme Court · 1913
- State v. HoffNorth Dakota Supreme Court · 1915
- People v. KinardCalifornia Court of Appeal · 1910
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