Stokes v. Territory of Arizona
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fifth Judicial District, in and for the County of Gila. E. W. Lewis, Judge. STATEMENT OF FACTS BY THE COURT. The appellant was indicted by the grand jury of the county of Gila for the murder of Charles S. Woods, alleged to have been committed on January 9, 1910. He was convicted of murder of the first degree, with the death penalty affixed, and sentenced accordingly.
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APPEAL from a judgment of the District Court of the Fifth Judicial District, in and for the County of Gila. E. W. Lewis, Judge. STATEMENT OF FACTS BY THE COURT. The appellant was indicted by the grand jury of the county of Gila for the murder of Charles S. Woods, alleged to have been committed on January 9, 1910. He was convicted of murder of the first degree, with the death penalty affixed, and sentenced accordingly. From the judgment of conviction, and from an order overruling his motion for a new trial, he appeals. On the night of January 9, 1910, the appellant was in the house of Daisy…
1Opinion of the CourtCunningham, J.
Appellant assigns error upon alleged irregularities in the drawing and. impaneling of the grand jury that returned the indictment, and in drawing and impaneling the trial jury. No challenge to either jury appears in the record, but the defendant entered his plea of not guilty, and the trial was had upon the issues thus raised.
The irregularities complained of are not fundamental in their character, and are raised for the first time in this court therefore the objection comes too late for consideration. Furthermore, this court will presume, under such state of circumstances, that all such…
2Cases cited7 opinions
- In Re WilsonSupreme Court of the United States · 1891
- Bonifant v. DoniphanSupreme Court of Kansas · 1864
- State v. ShaferMontana Supreme Court · 1901
- State v. BakerMontana Supreme Court · 1893
- Thomas v. Territory of ArizonaArizona Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Miranda v. StateArizona Supreme Court · 1933
- Shaffer v. Territory of ArizonaArizona Supreme Court · 1912
- State v. BeersCourt of Appeals of Arizona · 1968
- Douglass v. StateArizona Supreme Court · 1934
- State v. Le NobleCourt of Appeals of Arizona · 2007
3 more not listed; retrieve them via the Exa API.