Curby v. Territory of Arizona
Arizona Supreme Court
APPEAL from a judgment of the District Court of the First Judicial District in and. for the County of Cochise. J. D. Bethune, Judge. Statement of facts by Rouse, J. On May 18, 1894, an indictment was returned, accusing Joseph Curby of the crime of tape, committed January 14, 1894, on Laura Curby. To the indictment defendant demurred. The demurrer was overruled, and defendant entered a plea of not guilty.
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APPEAL from a judgment of the District Court of the First Judicial District in and. for the County of Cochise. J. D. Bethune, Judge. Statement of facts by Rouse, J. On May 18, 1894, an indictment was returned, accusing Joseph Curby of the crime of tape, committed January 14, 1894, on Laura Curby. To the indictment defendant demurred. The demurrer was overruled, and defendant entered a plea of not guilty. The trial was had May 24, 1894. A verdict of guilty was returned, and judgment pronounced thereon, by which defendant wa:: sentenced to the penitentiary for life. Joseph Curby resided in a…
1Opinion of the CourtRouse, J.
(after stating the facts).—It is not necessary for us to pass on the action of the court in overruling the demurrer to the indictment, or that we should express an opinion as to the validity of the indictment in this case. Passing those questions, we find defendant was accused of the crime of rape, tried therefor, convicted, and sentenced to the penitentiary for life. Rape is justly considered one of the most heinous crimes. A low degree of morel turpitude must be attained by a man, in order to commit this crime. Against a man who commits this crime, popular indignation is aroused, and exists…
2Cited by10 opinions
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