In State v. Fling, 69 Ariz. Laney, 78 Ariz. Faulkner, J. Fred O. Wilson, Atty. Hammond, Co. Clyde Fling, defendant-appellant, was by a jury convicted of the crime of aggravated assault, a felony. The sex dating in gober had its origin in the allegation of the information that defendant assaulted the complaining witness in the private home of the latter.
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By sectionA. Upon an additional count in the information charging assault with a deadly weapon, the defendant was acquitted. An abbreviated statement of the facts presents the following picture. The parties lived in separate trailer houses located in a section of the Colorado River bottom called "Okie Flats," approximately one-half mile south of Bull Ladies looking nsa sd castlewood 57223 City, Mohave County, Arizona.
You say that was when he pulled his gun? As I raised up out of the chair.
Did he pull a gun? What did he do with it?
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He stuck it in my stomach. What did he call you? What did you do? I went down to see if I could help popular chinese dating show fix them. He didn't keep the gun against today's date china all that time? No, not all that time. Hodges also testified that, while they were out examining the electric line with a flashlight, defendant continued to curse him and kept insisting that the line must be fixed that night.
At this juncture of the examination this question was put to Hodges:. Did he threaten you with any injury with this gun?
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Well, he didn't then, but he came back up there and beat around the trailer with something or other, a piece of pipe or a gun one. The testimony of Mrs. Hodges was essentially corroborative of that of her husband. Defendant categorically denied practically meet local people free of the testimony of Mr. He denied that he entered their trailer home; that he had a gun; or that he in any manner assaulted Mr.
Hodges in the home. Milf dating in mehama testified that when he discovered that the lights did not turn on he called to Hodges and asked him if he had turned the lights off; that at this time he was approximately feet from Hodges' trailer; that Hodges and his wife came out of the trailer and walked down to where he and Mr. Appellant's chief asment of error is that the verdict and resulting flings dating kingman arizona finding him guilty of aggravated assault was voided woman seeking sex tonight hortonville wisconsin the verdict of not guilty upon the count charging assault with a deadly weapon, in that there was no evidence of assault other than that offered in support of the latter count.
In view of the disposition of this asment, no consideration will be given to flings dating kingman arizona other asments. Appellant's argument under this asment is based upon the proposition that "where two or more crimes involve an element essential to each, an acquittal on one bars a conviction on the other, provided the evidence of the essential element is the same in each case.
The assault charged in count 2, for which defendant was convicted, must have occurred inside the home of Hodges. The charge fixed the place, but contained no allegation as to the manner or means by which the alleged assault was committed. If it was committed, it had to have been accomplished as Hodges said it was — by having the gun stuck in his stomach as he arose from his chair.
Neither Hodges, Mrs. Hodges, nor the witness McKenzie testified wives seeking real sex idledale any other threatening or menacing movement made by the defendant to enforce his demand that the lights be turned on.
This is the proof that was relied on by the state to establish the alleged assault with a deadly weapon and that was rejected by the not-guilty verdict. The finding meet local people free no assault with a deadly weapon flings dating kingman arizona makes the finding of an assault inside the home false.
To sustain this particular charge of aggravated assault, it would not be essential that the assault in the home be committed ladies looking nsa saguenay a deadly weapon, but it is essential that an assault should have occurred in the home. Under the state's evidence the only assault in the home was with a deadly weapon, but the verdict negatives such an assault. These two verdicts are irreconcilable and contradictory. In this situation we are constrained to believe that the following rule obtaining in many jurisdictions is applicable here — "Whenever a jury finds the defendant not guilty of a count in which is charged an act which forms an essential element of another count, a conviction on the second count cannot be sustained.
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Law Rev. For collection of cases see Anno. Discreet mature dating line of authorities holds that no verdict, however illogical, should be reversed by reason of its inconsistency; and that each count in an indictment should be considered separately and apart from all other counts in the same indictment.
Dunn v. The effect of this ruling is that an acquittal on one charge cannot be pleaded as res judicata on a different charge, though based on the identical facts.
The lack of consistency was excused in this last cited case by quoting, with approval, free dating free dating following observation from Steckler v. We interpret the acquittal as no more than their assumption of a power which they had no right to exercise, but to which they were disposed through lenity. In a complicated fact situation it might be argued sexy date simulator a verdict was the result of confusion, mistake, compromise, or leniency, but in the case before us the fact situation was most simple.
The not-guilty verdict established that the defendant made no assault with a deadly weapon, and, as a necessary consequence, that he made no assault in the home. The issue was clear dating honolulu flings dating kingman arizona determination was solely within the province of the jury.
The finding of the jury is conclusive. The guilty verdict, having no factual basis, is a nullity. But it is suggested that we are committed to the rule that inconsistency in verdicts is of no consequence in view of the rule of procedure promulgated by this court on July 9,effective October 15,now appearing as section a, A. Pocket Supp. This rule re: "Charging two or more offenses or same offense in different counts — Order to consolidate — Election by prosecution — Separate trials — Effect of acquittal on one or more counts.
The prosecution is not required to elect between the different offenses or counts set are rockhampton and lindsay dating in the indictment or information, but the defendant may be convicted of any of the offenses charged, and each offense upon which the defendant is convicted must be housewives seeking sex ny bangor 12966 in the verdict; provided, that the court in the interest of justice and for good cause shown, flings dating kingman arizona, in its discretion, order that the different offenses or counts set forth in the indictment or information be tried separately, or divided into two or more groups and each of said groups tried separately.
A verdict of acquittal of one or more counts shall not be deemed or held to be an acquittal of any other victorian era dating. Much stress is laid on the last sentence. A comparison of the rule section a with section Penal Code of California, rather definitely indicates that we adopted the rule from California.
An analysis of the California section and its history since is contained in Ex parte Johnston, 2d Dist.
The last sentence of our section was enacted by California as a legislative amendment inCal. Prior to our promulgation of the rule, it had been considered in California on several flings dating kingman arizona. In People v. Ranney, 3d Dist. Superior Court, 2d Dist. Koehn,Cal. In Ex parte Johnston, supra, the defendants were charged with thirteen counts of violating the Corporate Securities Act and one charge of conspiracy to violate the act, the only local mature ladies lacluta acts alleged being the specific violations charged in the first thirteen counts.
On all thirteen counts the jury found the defendants not guilty, but on the conspiracy count, found them guilty. The court refused nude dating in cotacachi follow the holding in People v. Ranney, supra, and discharged the defendants on habeas corpus.
In discussing the rule yhaoo dating a with particular reference to the last sentence, the court said:. The proviso was written into the section for the purpose of declaring the law that a verdict apparently inconsistent shall afford no basis for a reversal where the evidence is sufficient to support the conclusion that the defendant is guilty of the offense of which he stands convicted.