Territory of Arizona v. Lyall

Arizona Supreme Court

Territory of Arizona v. Lyall

37 P. 369, 4 Ariz. 304, 1894 Ariz. LEXIS 59

CourtArizona Supreme Court

DecidedMarch 8, 1894

DocketCriminal No. 91

StatusPublished

This text of 37 P. 369 (Territory of Arizona v. Lyall) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Territory of Arizona v. Lyall, 37 P. 369, 4 Ariz. 304, 1894 Ariz. LEXIS 59 (Ark. 1894).

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Opinion

HAWKINS, J.

Indictment for conspiracy with Henry B. Turner et al. The defendants Turner and Lyall. severed on the trial. The testimony is substantially the same as that in the case of Territory v. Turrer (No. 90), ante, p. 197, 37 Pac. 368, and fails to show the conspiracy charged. The defendants may have been guiliy of a misdemeanor, charged as the overt acts, or, from the testimony,—if the cattle killed at the time of their arrest were not their property, and the same were unlawfully and feloniously taken,—of grand larceny. They were not tried for these offenses. The motion to direct a verdict of not guilty should have been sustained. For these and the reasons stated (Territory v. Turner, supra) the judgment is reversed.

Baker, C. J., concurs,

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HAWKINS, J.

Indictment for conspiracy with Henry B. Turner et al. The defendants Turner and Lyall. severed on the trial. The testimony is substantially the same as that in the case of Territory v. Turrer (No. 90), ante, p. 197, 37 Pac. 368, and fails to show the conspiracy charged. The defendants may have been guiliy of a misdemeanor, charged as the overt acts, or, from the testimony,—if the cattle killed at the time of their arrest were not their property, and the same were unlawfully and feloniously taken,—of grand larceny. They were not tried for these offenses. The motion to direct a verdict of not guilty should have been sustained. For these and the reasons stated (Territory v. Turner, supra) the judgment is reversed.

Baker, C. J., concurs,

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Bluebook (online)

37 P. 369, 4 Ariz. 304, 1894 Ariz. LEXIS 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/territory-of-arizona-v-lyall-ariz-1894.