Motion for Dismissal Denied October 19, 1948.
Appeal from Superior Court, Graham County; Edwin Beauchamp, Judge.
John L. Sullivan, J. P. Christy and Harry T. Hendricks were convicted of conspiring together to pervert and obstruct justice and due administration of law by conspiring to protect a named person from criminal prosecution in the operation of a gaming device, and defendants Sullivan and Christy appeal.
Judgment reversed, and cause remanded for new trial.
Evo De Concini, Atty. Gen., J. E. Jacobson, Asst. Atty. Gen., Richard P. Meason, Asst. Atty. Gen., M. V. Gibbons, Apache County Atty., of St. Johns, and Max T. Layton, Graham County Atty. of Safford, for appellee.
H. Karl Mangum, of Flagstaff, and John F. Sullivan, and J. H. Morgan, both of Phoenix, for appellant John L. Sullivan.
James E. Flynn, of Phoenix, for appellant J. P. Christy.
Thalheimer, Superior Judge. Stanford, and LaPrade, J., concur. Udall, J., having disqualified himself, the Honorable Walter J. Thalheimer, Judge of the Superior Court of Maricopa County, was called to sit in his stead.
[68 Ariz. 83] The appellants, John L. Sullivan, at the time attorney general of Arizona, and J. P. Christy, together with Harry T. Hendricks, were charged with the crime of conspiracy by information containing three counts filed in the first instance in the Superior Court of Apache County, Arizona. This information on motion of the defendants was quashed and on order of the court the county attorney filed another information (designated amended information) also containing three counts charging defendants with conspiracy. A motion of the defendants to quash such second information was denied and subsequently a change of venue was granted defendants and the cause assigned to the Superior Court of Graham County.
Trial of the defendants on the second information was had in the Superior Court of Graham County and the jury being unable to agree on a verdict, a mistrial was ordered.
Thereafter, on motion of the county attorney, count 3 of the information was quashed and on leave granted by the court another information (designated second amended information) charging the defendants in three counts with conspiracy was filed. Defendants' motions to quash this information also were denied.
Trial was then had on the information last filed and resulted in the defendants being found guilty on counts 1 and 2 of such information and not guilty on count 3.
The defendants, John L. Sullivan and J. P. Christy, prosecute this appeal from the [68 Ariz. 84] judgment of conviction on counts 1 and 2 of the information and the orders of the trial court denying their motions in arrest of judgment and for a new trial. The defendant Harry T. Hendricks has not appealed.
The charges made together with the particulars thereof and the overt acts alleged in the two counts of the information on which the defendants were convicted were as follows:
In count 1 it was charged that on or about July 30, 1946, in consideration of the payment to them of the sum of $ 300 the defendants conspired together to pervert and obstruct justice and the due administration of the law of Arizona by conspiring to protect R. W. Cassady from criminal prosecution in the operation of a certain gaming device by the use of slot-machines at Chamese Lodge, adjacent to U. S. Highway 66, Apache County, Arizona, and the overt act alleged was that "said defendants did pursuant to and in furtherance of said conspiracy for the ...