Legal Opinion

State v. Behringer

Arizona Supreme Court

Decided May 8, 1918No. Criminal No. 433PublishedCited by 11 opinions

APPEAL from a judgment of the Superior Court of the county of Maricopa. F. H. Lyman, Judge.

1Opinion of the CourtRoss, J.

The state appeals from an order sustaining a demurrer to the information against the respondent, and a judgment of dismissal.

It is not necessary to set out the information, as it is excepted to, not because of a defective statement of the facts charged, but because of the insufficiency of the facts, under any view of the law, to constitute a public offense. The conduct of the respondent, which it is charged constitutes a crime, consisted of his secretly placing a dictograph over the transom of room No. 400 of the Adams Hotel, situated in the city of Phoenix, in which was a telephone…

2Cases cited1 opinion

  1. Ex parte McNultyCalifornia Supreme Court · 1888

3Cited by11 opinions

  1. State v. PelosiArizona Supreme Court · 1948
  2. People v. RossCalifornia Court of Appeal · 1965
  3. People v. BodkinCalifornia Court of Appeal · 1961
  4. People v. RossCalifornia Court of Appeal · 1965
  5. State v. FerraroArizona Supreme Court · 1948

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