Robertson v. Territory of Arizona
Court of Appeals for the Ninth Circuit
In Error to the Supreme Court of' the Territory of Arizona. William D. Robertson was convicted of homicide, and, from a judgment of the Supreme Court of the Territory of Arizona (108 Pac. 217) affirming that of the court below, brings error. Plaintiff in error was indicted in the district court of Graham county, Ariz., for the murder of one Wayne Purseley.
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In Error to the Supreme Court of' the Territory of Arizona. William D. Robertson was convicted of homicide, and, from a judgment of the Supreme Court of the Territory of Arizona (108 Pac. 217) affirming that of the court below, brings error. Plaintiff in error was indicted in the district court of Graham county, Ariz., for the murder of one Wayne Purseley. At the time of the alleged murder, the plaintiff in error was the town marshal of the town of -Safford in Graham county, and, in the performance of his duties as such town marshal, was endeavoring to arrest the deceased. The plaintiff in…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The plaintiff in error complains of the instructions given to the jury by the trial court:
[1] 1. That the instructions were based upon the theory that the deceased was being arrested by the plaintiff for a misdemeanor, and not for a felony; and that the instructions were so drawn as to mislead the jury. The plaintiff in error requested the court to instruct the jury that:
“The deceased was in the actual commission of a misdemeanor in the presence of the plaintiff in error, who was at that time a peace officer, to wit, the town marshal of the town of Salford,…
2Cases cited5 opinions
- Reagan v. United StatesSupreme Court of the United States · 1895
- People v. CroninCalifornia Supreme Court · 1867
- Halderman v. Territory of ArizonaArizona Supreme Court · 1900
- Robertson v. Territory of ArizonaArizona Supreme Court · 1910
- Prior v. Territory of ArizonaArizona Supreme Court · 1907
3Cited by4 opinions
- Burgunder v. State of ArizonaArizona Supreme Court · 1940
- Wheeler v. United StatesCourt of Appeals for the Fifth Circuit · 1935
- Takehara v. Dulles, Secretary of State of the United StatesCourt of Appeals for the Ninth Circuit · 1953
- Takehara v. Dulles, Secretary of State of the United StatesCourt of Appeals for the Ninth Circuit · 1953