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State v. Colvin

Supreme Court of Arizona

February 19, 1957

STATE of Arizona, Appellee,
v.
Margaret COLVIN, Appellant.

Page 99

Page 100

[81 Ariz. 390] Hymen D. Goldberg, Tucson, for appellant.

Robert Morrison, Atty. Gen., H. B. Daniels, Asst. Atty. Gen., and Raul H. Castro, County Atty. of Pima County, Tucson, for appellee.

UDALL, Chief Justice.

This is an appeal by Margaret Colvin (defendant-appellant), who operated a rest home in Tucson for aged persons, from a judgment of conviction, on three counts, of the crimes of aggravated assault, a felony. The trial was held in November, 1955. Defendant's motions (1) in arrest [81 Ariz. 391] of judgment, and (2), for a new trial, were denied and this appeal followed.

The information filed by the county attorney charged defendant with four separate aggravated assaults upon aged persons at the rest home, viz.:

Count 1, upon the person of Jessie White, on August 1, 1955;

Count 2, upon the person of Leontine Brown, on August 1, 1955;

Count 3, upon the person of Bertha Schochow, on Aug. 20, 1955; and

Count 4, upon the person of Bertha Schochow, on Aug. 21, 1955.

Each count alleged the defendant was 'an adult female person of robust health and strength' and that the person allegedly assaulted was 'a female person decrepit and in ill health', and in violation of section 43-603, A.C.A.1939 (now section 13-245, subd. A(2), A.R.S.1956). The jury acquitted the defendant on count 4, supra. The court imposed sentence on each of the other counts, of 18 months to two years, to be served concurrently.

Eighteen assignments of error and fourteen supporting propositions of law have been presented by defendant. Many of these do not require extended discussion. We shall not consider the propositions seriatim.

Several assignments deal with claimed errors relating to procedural matters. First, it is urged the trial court erred

Page 101

in denying a motion to quash the information because no lawful complaint was presented to the magistrate. Defendant argues the complaint does not meet the requirement of the rules and statutes as the complainant, one Wilbur Schochow, a son of Bertha Schochow, was a lay person who relied solely upon hearsay knowledge in filing charges against defendant; hence, it is contended that by reason of this claimed defect the magistrate was without jurisdiction to hear the proceedings. A similar contention was rejected in Turley v. State,48 Ariz. 61, 59 P.2d 312; nor is there any solace for the defendant in the fact that there ...


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