Legal Opinion

Marley v. State

Arizona Supreme Court

Decided April 27, 1914No. Criminal No. 331PublishedCited by 1 opinion

APPEAL from a judgment of tlie Superior Court of the County of Navajo. Sidney Clapp, Judge. STATEMENT OP PACTS BY THE COURT. The appellants were indicted, charged with the larceny of a steer.

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APPEAL from a judgment of tlie Superior Court of the County of Navajo. Sidney Clapp, Judge. STATEMENT OP PACTS BY THE COURT. The appellants were indicted, charged with the larceny of a steer. The indictment, omitting the formal parts, is as follows: “The said J. W. Marley, R. S. Marley, A. C. Marley and G. D. Marley on or about the 8th day of February, 1911, and before the finding of this indictment, in Navajo county of the then territory of Arizona, and now Navajo county of the state of Arizona, did willfully, unlawfully and feloniously take, steal and carry away one steer that was then and…

1Opinion of the CourtCunningham, J.

The appellants have specified twenty-seven grounds of error, and these have been grouped by appellants under three heads for the treatment on this appeal, to wit: First, the insufficiency of the indictment; second, rulings of the court admitting and rejecting evidence; third, errors in giving, modifying, and refusing instructions.

The abstract of the record furnished fails to disclose the demurrer to the indictment as filed, and for that reason we will only consider the indictment with regard to the sufficiency of the facts stated to constitute a public offense. Counsel insist only upon the…

2Cases cited2 opinions

  1. People v. DavisCalifornia Supreme Court · 1893
  2. People v. BrownCalifornia Supreme Court · 1865

3Cited by1 opinion

  1. Hurley v. StateArizona Supreme Court · 1921

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