Storm v. Territory of Arizona
Arizona Supreme Court
APPEAL from a judgment of tbe District Court of tbe Fourth Judicial District, in and for tbe County of Yavapai. Richard E. Sloan, Judge. The facts are stated in the opinion. The statute says that “a plea of former conviction or acquittal of the same offense” raises an issue of fact (Pen. Code, par. 894), and that “issues of fact must be tried by a jury.” (Pen. Code, par. 895.) Our Penal Code is a practical re-script of tbe California Penal Code.
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APPEAL from a judgment of tbe District Court of tbe Fourth Judicial District, in and for tbe County of Yavapai. Richard E. Sloan, Judge. The facts are stated in the opinion. The statute says that “a plea of former conviction or acquittal of the same offense” raises an issue of fact (Pen. Code, par. 894), and that “issues of fact must be tried by a jury.” (Pen. Code, par. 895.) Our Penal Code is a practical re-script of tbe California Penal Code. The California courts have held that where the pleas of former jeopardy and of former acquittal are made in addition to a plea of not guilty, the…
1Opinion of the CourtNave, J.
On November 23, 1904, James P. Storm was indicted in the district court of Yavapai county under a charge of appropriating to his own use on November 9, 1904, $15,316.53, public moneys of Yavapai county, in his official possession as county treasurer, the indictment being framed under section 398 of the Penal Code of 1901. Upon this indictment he was tried and acquitted. The evidence for the prosecution tended to show distinct appropriations by Storm of $1,000 in the year 1902, of $1,000 in the month of April, *301903, and of several thousand dollars on or about November 9, 1904. On demand of…
2Cases cited16 opinions
- NielsenSupreme Court of the United States · 1889
- People v. AmmermanCalifornia Supreme Court · 1897
- State v. ColgateSupreme Court of Kansas · 1884
- Dill v. PeopleSupreme Court of Colorado · 1894
- People v. CummingsCalifornia Supreme Court · 1899
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3Cited by10 opinions
- People v. StanfordCalifornia Supreme Court · 1940
- Harris v. StateCourt of Criminal Appeals of Oklahoma · 1918
- Pueblo v. PérezSupreme Court of Puerto Rico · 1934
- Holder v. StateArizona Supreme Court · 1927
- In re HustonIdaho Supreme Court · 1915
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