Guey v. State
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the county of Yavapai. John J. Sweeney, Judge. STATEMENT OE FACTS BY THE COURT.
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APPEAL from a judgment of the Superior Court of the county of Yavapai. John J. Sweeney, Judge. STATEMENT OE FACTS BY THE COURT. The county attorney filed añ information against the defendant, Quen Guey, in the superior court of Yavapai county, wherein it is charged that the said defendant “did . . . willfully, unlawfully and feloniously commit a battery upon the person of one Minnie Schemer, by choking and striking -the said Minnie Schemer, the said Quen Guey then and there being an adult male person, and the said Minnie Schemer being then and there a female person.” The trial resulted in a…
1Opinion of the CourtBaker, J.
(After Stating the Pacts as Above). — The defendant interposed a demurrer to the information on the ground that such information failed to allege that a preliminary examination in the case had been held or that the defendant had waived such examination. The court overruled the demurrer, and this ruling of the court is assigned as error.
The Constitution of the state provides:
“No person shall be prosecuted criminally in any court of record for felony or misdemeanor, otherwise than by infor*365mation or indictment; no person shall he prosecuted for felony by information without having had a…
2Cases cited11 opinions
- People v. . SharpNew York Court of Appeals · 1887
- Washburn v. PeopleMichigan Supreme Court · 1862
- Caples v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Williams v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. BarnettSupreme Court of Kansas · 1865
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. JustMontana Supreme Court · 1979
- State v. LyleSupreme Court of South Carolina · 1923
- State Ex Rel. Pope v. Superior CourtArizona Supreme Court · 1976
- State v. McClurgIdaho Supreme Court · 1931
- State v. MooreArizona Supreme Court · 1972
14 more not listed; retrieve them via the Exa API.