Legal Opinion

Storm v. Territory of Arizona

Arizona Supreme Court

Decided January 13, 1909No. Criminal No. 257PublishedCited by 3 opinions

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

  1. Crain v. United StatesSupreme Court of the United States · 1896
  2. Storm v. Territory of ArizonaArizona Supreme Court · 1908
  3. State v. WilliamsWashington Supreme Court · 1906
  4. State v. CreechleyUtah Supreme Court · 1904
  5. Territory of Arizona v. BrashArizona Supreme Court · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Kastel v. United StatesCourt of Appeals for the Second Circuit · 1927
  2. Harris v. StateCourt of Criminal Appeals of Oklahoma · 1918
  3. Holder v. StateArizona Supreme Court · 1927

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