Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Miller

Supreme Court of Arizona

November 20, 1950

STATE
v.
MILLER

Judgment affirmed as to conviction for sodomy and for contributing to delinquency of minor, and judgment reversed as to conviction for committing lewd and lascivious acts.

Krucker & Evans, of Tucson, for appellant.

Fred O. Wilson, Atty. Gen., Wilbert E. Dolph, Jr., Asst. Atty. Gen., for appellee.

La Prade, C. J., and Udall, Stanford, Phelps and De Concini, JJ., concur.

OPINION

PER CURIAM

Page 206

[71 Ariz. 141] Defendant John L. Miller, appellant, was charged with committing two felonies; to wit, the act of sodomy on September 26, 1949, lewd and lascivious acts on May 24, 1949, and a misdemeanor of contributing to the delinquency of a minor on May 25, 1949. These acts all involved the same boy, a minor, aged 16, hereinafter referred to as the boy or the accomplice. After a preliminary hearing in the justice court an information was filed against defendant and on his plea of not guilty the case was set for trial before a jury, March 14, 1950.

Before trial defendant made a challenge to the jury panel which was overruled by the trial court. Defendant made a motion for a directed verdict both at the close of the state's case and at the close of his case. Both were denied. The jury found defendant guilty on all three charges; he was sentenced to four years each on the two felony charges, sentences to run concurrently, and to one year in the Pima County jail and $ 300 fine on the misdemeanor count, the latter jail sentence to commence upon the completion of the sentences imposed for the felonies.

Defendant appeals and assigns 5 errors of the trial court which may be summarized to present 3 issues for this court to decide:

(a) That the jury summoned to attend the trial of this case was illegally summoned.

[71 Ariz. 142] (b) The court permitted a police detective, one of the state's witnesses, to answer the following:

"Q. What, if any, further conversation did you have with him (defendant) on this subject?

"A. I made a remark to Mr. Miller that if someone accused me of that crime I would tear the roof off the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.