Territory of Arizona v. Gomez
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fourth Judicial District, in and for the County of Yavapai. Edward M. Doe, Judge. The facts are stated in the opinion.
1Opinion of the CourtFranklin, C. J.
The defendant was indicted for assault with a deadly weapon. From a judgment of acquittal the territory appeals on the questions of law.
In criminal actions the territory (now state) may appeal to the supreme court on questions of law alone. It is so provided by paragraph 103i8 of the Penal Code of Arizona of 1901. This is such an appeal. The determination of this appeal can, of course, have no effect on the acquittal of the defendant, which is a bar to any further prosecution.
The appeal is predicated upon the following state of facts, recited in the brief of the attorney general, to wit:
“The…
Also in this document: Concurrence.
2Cases cited2 opinions
- State v. GodfreyOregon Supreme Court · 1889
- State v. HerronMontana Supreme Court · 1892
3Cited by16 opinions
- Commonwealth v. HensonMassachusetts Supreme Judicial Court · 1970
- State v. MoneyArizona Supreme Court · 1973
- State v. SeymourArizona Supreme Court · 1966
- State v. AndrewsArizona Supreme Court · 1970
- Hobbs v. StateAlaska Supreme Court · 1961
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