Rodriquez v. Territory of Arizona
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Third Judicial District, in and for the County of Maricopa. Edward Kent, Judge. STATEMENT OF FACTS BY THE COURT. At the April term, 1911, of the district court of Maricopa county, the grand jury returned an indictment against the appellant, charging him with the murder of Jesus M. Bodriquez, his wife.
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APPEAL from a judgment of the District Court of the Third Judicial District, in and for the County of Maricopa. Edward Kent, Judge. STATEMENT OF FACTS BY THE COURT. At the April term, 1911, of the district court of Maricopa county, the grand jury returned an indictment against the appellant, charging him with the murder of Jesus M. Bodriquez, his wife. Omitting the formal parts of the indictment, the charge was made in the following words: “The said Francisco Bodriquez, on or about the 2d day of April, A. D. 1911, and before the finding of this indictment, at the county of Maricopa, territory…
1Opinion of the CourtCunningham, J.
The appellant contends that the indictment is not sufficient to support a verdict and judgment of murder in the first degree, and alleges that it does not charge a willful, deliberate, and premeditated killing of a human being with malice aforethought. If this objection is well founded, the conviction was wrong, and the judgment of the court must be reversed.
It is said by the supreme court in the ease of United States v. Cruikshank, 92 U. S. 558, 23 L. Ed. 593: “The object of the indictment is, first, to furnish the accused with such a description of the charge against him as will enable him…
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