Legal Opinion

Bennett v. State

Arizona Supreme Court

Decided November 4, 1913No. Criminal No. 337PublishedCited by 15 opinions

APPEAL from a judgment of the Superior Court of the County of Cochise. Fred Sutter, Judge. The facts are stated in the opinion.

1Opinion of the CourtFranklin, C. J.

Indictment for murder. The defendant was convicted of murder in the second degree. The appeal is from the judgment and order denying a motion for a new trial.

On trial of the cause no evidence was introduced by the defendant. A reversal of the judgment is urged because the evidence adduced by the state shows no element of murder. The point made is that the evidence discloses an absence of malice aforethought, and this is the only matter' to be decided.

*60The homicide occurred in the town of Wilcox on the twenty-sixth day of June, 1912. The surgeon who examined the body of the deceased stated his…

2Cases cited2 opinions

  1. Mann v. StateSupreme Court of Georgia · 1906
  2. State v. McGuireSupreme Court of Connecticut · 1911

3Cited by15 opinions

  1. State v. SchantzArizona Supreme Court · 1965
  2. State v. SorrentinoWyoming Supreme Court · 1924
  3. Armstrong v. StateWyoming Supreme Court · 1992
  4. State v. PreisArizona Supreme Court · 1961
  5. Keats v. StateWyoming Supreme Court · 2003

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