Report of Cases Argued and Determined in the Supreme Court of the State of Arizona (Volume 21)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921. Excerpt: ... CRIMINAL LAW (Continued). Court has no jurisdiction; the provisions of the statute as to appeal being mandatory and jurisdictional. (Torrez v. State, 65.) 18. Criminal Law--Question Asked Defendant Concerning SkeleTon Keys, Of Which He Denied Knowledge, Held Not InJurious.--In a prosecution for burglary, if questions asked defendant on cross-examination as to keys found in his suitcase were improper, the defendant was not injured, where he denied all knowledge of the keys. (Cline v. State, 554.) 19. Criminal Law--Record Examined For Fundamental Error.--Where one convicted of crime has done nothing but file the record on appeal, the Supreme Court will examine the record for fundamental error. (Limon v. State, 204.) 20. Criminal Law--Record Searched For Error On Appeal From Conviction Entailing Life Imprisonment.--Where one convicted of murder and sentenced to life imprisonment filed the record of the case in the Supreme Court and did nothing further, the Supreme Court nevertheless went into the evidence and examined the instructions and rulings of the court for error. (Early v. State, 203.) 21. Criminal Law--Record Searched For Fundamental Error.--Where the Supreme Court has nothing before it but the record to consider, it will examine the same for fundamental error. (Hockett v. State, 205.) 22. Criminal Law--Refusal To Instruct To Acquit If Reasonable Doubt As To Whether Defendant Or Some Other Person Was Guilty Is Error.--In a murder prosecution against two soldiers for killing a dealer in intoxicating liquors in a house of ill repute conducted by a colored woman who claimed to be the only eyewitness, the crime being denied by defendants, it was error to refuse to instruct that, if the evidence pointed as clearly to some other person or persons as havin...