Pinal County v. Nicholas
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the county of Pinal. A. C. Lockwood, Judge. STATEMENT OF FACTS BY THE COURT. One Conmy was charged with the crime of forgery in the superior court of Pinal county and put on his trial.
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APPEAL from a judgment of the Superior Court of the county of Pinal. A. C. Lockwood, Judge. STATEMENT OF FACTS BY THE COURT. One Conmy was charged with the crime of forgery in the superior court of Pinal county and put on his trial. The county attorney employed Milton Carlson, a prominent expert on handwriting, to make certain microscopical examinations, measurements and comparisons of the signature alleged to have been forged, and to testify in the case as an expert on behalf of the prosecution. After he had performed the services required of him under the employment, Carlson made out two…
1Opinion of the CourtBaker, J.
(After Stating the Pacts as Above). — The sole question for determination in this suit is this: Is a county liable for the services of an expert witness employed by the county attorney in a criminal ease? The parties to the action divide only upon this one point. It must be conceded that, unless the county attorney was authorized by some express law to engage the services of Carlson in his expert capacity and thereby make his compensation a county charge, the contention of the defendant must prevail. 7 R. C. L., § 26; 15 C. J. 562.
‘ ‘ One who demands the payment of a claim against a county…
2Cases cited13 opinions
- People Ex Rel. Gardenier v. Board of SupervisorsNew York Court of Appeals · 1892
- County of Yolo v. JoyceCalifornia Supreme Court · 1909
- County of Santa Cruz v. BarnesArizona Supreme Court · 1904
- People ex rel. Hamilton v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1898
- Humiston v. ShafferCalifornia Supreme Court · 1904
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3Cited by2 opinions
- United States v. MaricopaDistrict Court, D. Arizona · 2015
- In Re Claims of HydeMontana Supreme Court · 1925