Merrill v. State

Appellant was convicted of an attempt to rescue a prisoner and given an indeterminate sentence in the state prison. He appeals from this judgment and sentence.

The information on which he was prosecuted names the crime it accuses him of committing as “Attempting to Rescue a-Prisoner, a Felony,” and then proceeds in this language:

“The said Herbert Merrill on or about the 10th day of January, 1933, and before the filing of this information at and in the County of Maricopa, State of Arizona, did then and there wilfully, unlawfully, knowingly and feloniously attempt to rescue from the County Jail…