Miranda V State Of Arizona

Miranda v state of arizona

Citations: 26 P. Author: Alfred C. Lockwood Severo Miranda, hereinafter called defendant, was informed against for the crime of murder.

He was tried before a jury which returned a verdict of murder in the second degree and recommended extreme leniency. From the verdict and the judgment pronounced thereon, this appeal is taken.

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In order that we may miranda v state of arizona properly the assignments of error, a brief summary of the evidence given at the trial is necessary. The undisputed facts are as follows: Defendant and one Vicenti Alvidres, hereinafter called deceased, had been friends for three years or more, during most of which time they were both employed by the Southern Pacific Railroad Company as section men, working part of this time at the same place and part at different localities along the line of the road.

On the twenty-second day of October,deceased, who was then working on a section gang with headquarters at Aztec, Arizona, came to Yuma to visit defendant who was working at the latter place. The latter lived in a two-room apartment which was part of a miranda v state of arizona maintained by the company for the use of its employees. Along about five o'clock in the morning of October 23d another employee of the company named Hurtado, who lived near, heard defendant calling and went to his apartment.

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He found miranda v state of arizona latter on his hands and knees on the floor apparently vomiting. Deceased was lying on a double bed in the room with his head covered with blood from digital signatures cut on its side made by some sharp instrument, so that the skull was severed and part of the brains oozing out therefrom. Hurtado immediately called for help and both deceased and defendant were taken to a hospital where the former shortly died as the result of the wound in the head. At the hospital it appeared that defendant had a slight cut on one of his fingers and that a bone therein had been broken.

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A coroner's jury was impaneled at which evidence was given of the foregoing facts, miranda v state of arizona defendant, who was present, was asked by the justice of the peace whether he desired to make a statement to which he replied that he did and testified under oath in substance that shortly before he called to Hurtado he was awakened by feeling a warm liquid which afterwards turned out to be blood on his face and found a man who appeared to be a negro standing over him with one knee pressed in his stomach and a knife held to his throat. There was another negro also in the Describe Jesses Relationship With His Family who rifled the clothes of deceased and defendant and then the two men pulled defendant off of the bed and, as he testified, pushed him underneath it and went away.

The officers who arrived at the scene of the tragedy immediately after they were called examined the room carefully, looking particularly under the bed, and stated at the trial that there were two pair of shoes projecting miranda v state of arizona under the bed and that there was a great deal of dust and dirt thereunder which apparently had not been disturbed for some time. There was also testimony at the trial that about the 3d of October defendant went to Aztec to visit the deceased, arriving there some time in the night, and that when he tried to enter the room of deceased he had with him an ax, and when deceased asked his purpose with the ax stated he brought it along to protect himself from the dogs at the house.

During the course of the trial the county attorney had brought into the courtroom the bed on which deceased was lying when he was seen by Hurtado and the officers on the morning of the 23d, together with all the blood-stained bedding, and the same was set up in the presence of the jury and exhibited to them over the most strenuous and repeated objections of counsel for the defendant.

There was some other evidence given, but it is not necessary to discuss it in passing on the assignments of error. It will be seen from the above recital that the evidence upon which defendant was convicted was entirely circumstantial so far as his connection with the homicide was concerned.

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There is and can be no doubt that deceased was murdered by someone, defendant claiming that it was done by two negroes, and the jury might have found his story to be true. On the other hand, the circumstances under which deceased was found, taken into consideration with the other evidence, is sufficient to sustain a verdict miranda v state of arizona second degree murder against defendant, nor is there any claim that it is not. The first assignment of error is that the court refused to grant a motion to set aside the information, made on the ground that the committing magistrate at the preliminary examination did not cause the complaint to be read to the defendant.

It appears from the reporter's transcript of the examination that defendant was there represented by counsel.]

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Receive free daily summaries of new opinions from the Arizona Supreme Court. Subscribe State v. For the reasons that follow, we affirm Miranda s convictions and affirm his sentences, as modified. He then went behind a building and inspected his find just as Pamela H. Miranda admits he fired the gun once into the ground in the presence of Pamela and her son to determine if the gun was loaded. According to Pamela, he then fired the weapon two more times, once toward Pamela and once toward her son when they were approximately thirty feet from Miranda. Miranda was also charged with disorderly conduct pursuant to A. Over the state s objection, the trial court gave the instruction, and the jury subsequently convicted Miranda of two counts of felony disorderly conduct rather than the aggravated assaults charged against him. Miranda thereafter was sentenced to consecutive, aggravated prison terms of three years for each of the convictions. Did the trial court err by instructing the jury that disorderly conduct under A.

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