Eytinge v. Territory of Arizona
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Third Judicial District, in and for the County of Maricopa. Edward Kent, Judge. STATEMENT OP THE CASE.
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APPEAL from a judgment of the District Court of the Third Judicial District, in and for the County of Maricopa. Edward Kent, Judge. STATEMENT OP THE CASE. The appellant was indicted by the grand1 jury of Maricopa County on the twenty-third day of April, 1907. This indictment charges him with murder in the first degree and is in two counts, each of which charges the appellant with the murder of John Leitch on or about the seventeenth day of March, 1907. The first count charges that the appellant unlawfully, feloniously and with malice aforethought gave and administered chloroform and certain…
1Opinion of the Court
NAYE, J. —
The appellant was convicted of murder in the first degree, and has appealed from the judgment and sentence upon such conviction. Of the several assignments of error but three require our consideration.
1. Prior to his trial appellant applied for a continuance; his application being supported' by the affidavit of Ms two attorneys “that they have been informed and verily believe” several different facts wMch would have a tendency to prove the defendant to be insane; likewise, “that they have been informed and verily believe” that several physicians in Ohio, giving their- names' and…
2Cases cited17 opinions
- People v. SanchezCalifornia Supreme Court · 1864
- State v. BaldwinSupreme Court of Kansas · 1886
- People v. MiltonCalifornia Supreme Court · 1904
- Brown v. StateTexas Supreme Court · 1859
- People v. NicholCalifornia Supreme Court · 1867
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3Cited by7 opinions
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- Dowd-Feder, Inc. v. TruesdellOhio Supreme Court · 1936
- State v. YargusSupreme Court of Kansas · 1922
- State v. LovellArizona Supreme Court · 1965
- Leonard v. StateArizona Supreme Court · 1915
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