Storm v. Territory of Arizona
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fourth Judicial District, in and for the County of Yavapai. Richard E. Sloan, Judge.
1Opinion of the Court
NAVE, J. —
The urgency with which appellant contends that the effect of our decision {ante, p. 26, 94 Pac. 1099) is to deprive him of a constitutional right impels us, in denying his motion for rehearing, to add to the statement of our view as to the question of the necessity of a verdict upon the issue of former jeopardy. It must not be overlooked that the issue raised by a plea of former jeopardy is different in its *110nature from thiait raised by a plea of not guilty. The former does not go to the merits of the charge against the defendant. It is tried upon a different theory and by different…
2Cases cited6 opinions
- Crain v. United StatesSupreme Court of the United States · 1896
- Storm v. Territory of ArizonaArizona Supreme Court · 1908
- State v. WilliamsWashington Supreme Court · 1906
- State v. CreechleyUtah Supreme Court · 1904
- Territory of Arizona v. BrashArizona Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Kastel v. United StatesCourt of Appeals for the Second Circuit · 1927
- Harris v. StateCourt of Criminal Appeals of Oklahoma · 1918
- Holder v. StateArizona Supreme Court · 1927