Varela v. Merrill

This is an appeal from an order of the superior court of Maricopa county, denying a petition for a writ of habeas corpus. The facts, as shown by the record, may be stated as follows:

On the 24th of October, 1931, Pete Varela, hereinafter called petitioner, was convicted by a jury of the crime of rape. On November 17th petitioner appeared before the court for sentence, and the following order was made:

“It is the judgment of the court that you are guilty of rape as charged in the information. The passing of sentence committing you to the State Penitentiary at Florence, Arizona, is suspended for…