High v. Territory of Arizona
Arizona Supreme Court
APPEAL from a judgment of the District Court for the Fifth Judicial District, in and for the County of Graham. Fletcher M. Doan, Judge. The facts are stated in the opinion.
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APPEAL from a judgment of the District Court for the Fifth Judicial District, in and for the County of Graham. Fletcher M. Doan, Judge. The facts are stated in the opinion. The phrasing of the indictment “make an assault with the willful, unlawful and felonious intent then and there to unlawfully and feloniously ravish and carnally know her,” etc., is not the statement of the acts as required by section 824, Arizona Statutes, nor is the particular circumstances of the offense charged as required hy section 826, Arizona Statutes, nor is subdivision 6 of section 833, Penal Code of Arizona,…
1Opinion of the Court
SLOAN, J. —
The appellant was convicted in the court below for the crime of an assault with intent to commit rape. He has appealed from the judgment and from the order overruling his motion for a new trial.
The indictment, omitting the caption, reads as follows: '‘George Pligh is accused by the grand jury of the county of *148Graham, territory of Arizona, duly impaneled and sworn, by this indictment, found the twenty-sixth day of April, A. D. 1907, of the crime of ‘assault with intent to commit rape,' committed as follows: The said George High, on or about the twentieth day of November, A. D. 1906,…
2Cases cited4 opinions
- United States v. CarllSupreme Court of the United States · 1882
- Evans v. United StatesSupreme Court of the United States · 1894
- Mapula v. Territory of ArizonaArizona Supreme Court · 1905
- People v. EnglishCalifornia Supreme Court · 1866
3Cited by4 opinions
- Indian Fred v. StateArizona Supreme Court · 1929
- Moore v. State of ArizonaArizona Supreme Court · 1940
- Ramirez v. StateArizona Supreme Court · 1940
- Flowers v. StateArizona Supreme Court · 1924