Atkin v. Territory of Arizona

The appellant seeks to raise the question of the sufficiency of the indictment by assigning error in the trial court refusing defendant’s request for a peremptory instruction to return a verdict of “not guilty,” for the reason that the indictment failed to allege a crime, and by assigning error in the overruling of the defendant’s motion for new trial; that the court erred in permitting testimony to be introduced over the objection of defendant that the indictment failed to state acts sufficient to constitute a public offense. No demurrer was interposed to the indictment. The charging part of…