Marquez v. Territory of Arizona

The appellant was convicted of the crime of murder in the first degree, and appeals from the judgment and sentence of the court imposing the death penalty.

Under the first assignment of error it is urged that the demurrer to the indictment should have been sustained for the reason that the latter fails to state the means by which the death was occasioned. At common law great particularity in setting forth the manner of the death and the means by which it was inflicted was required in an indictment for murder; but the frequency with which miscarriages of justice occurred through variances…