Legal Opinion

Dunn v. State of Arizona

Arizona Supreme Court

Decided November 8, 1937No. Criminal No. 861PublishedCited by 10 opinions

1Opinion of the CourtLockwood, J.

Joe Dunn, hereinafter called defendant, was convicted of the crime of aggravated, assault and has brought this case before us for review.

There are five assignments of error, but we think it necessary to consider only the first, which is that the court overruled defendant’s special demurrer to the information, made on the ground that it charged more than one offense. Section 4980, Revised Code 1928, reads in part as follows:

“One offense only may be charged; means; time; party injured. The indictment or information must charge but one offense.”

The charging part of the information is as follows:

“…

2Cases cited4 opinions

  1. Prindeville v. PeopleIllinois Supreme Court · 1866
  2. State v. MarcksNorth Dakota Supreme Court · 1894
  3. State v. EricksonWisconsin Supreme Court · 1878
  4. State v. HenrySupreme Judicial Court of Maine · 1904

3Cited by10 opinions

  1. United States v. ParkerUnited States Court of Military Appeals · 1953
  2. McDaniels v. State of ArizonaArizona Supreme Court · 1945
  3. State v. BarberCourt of Appeals of Arizona · 1982
  4. State v. BalderramaArizona Supreme Court · 1964
  5. State v. Van VlietArizona Supreme Court · 1972

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