Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1909-06-02
COURTS OPINION in
THE STORM CASE
Court Holds That the Plea of d.. 7
Jeopardy is Not Sustained by The
Facts of the Case.
Orrom Wednesday, Daily

peals in the Storm case which sus
tsincd the decision Of the lower court
II was written by District Judge Hun
and concurred in by Circuit Judge,
Gilbert and Ross. The court first do
rided that II has Jurisdiction to hea,
the writ of error, and in doing so !,
establishes the peculiar principle that
while 1t lacks Jurisdiction in cases OF
conviction Of q capital crime, IL has
the power 10 review final decisions in
eases OF infamous crime not capital.
The court then In entering upon the
merits Of the case, agrees with the ter.
ritorial supreme court that the ofFense
for which Storm was convicted was a
different one from that on which he
was acquitted, and that therefore the
plea Of jeopardy does not hold good.
Opinion Of the Court.
Plaintiff in error, James =. Storm,
|was treasurer and ex-ofiicio tax collec.
For Of Yavapai county, Arizona Terri.
fory, during 1901, 1902, 1903, and un.
Fil October Q, 1904, when he was sus.
pended from Office by order Of the
board Of supervisors Of said county.
On November %, 1904, Storm was in.
|lcted, under Section 39s Of the Penal
lode Of Arizona, for unlawfully appro.
Iriating to his own use 4l5,316.53 Of
public moneys, the taking being al.
legged TO have been on or about No.
Vember 9th, 1904. He was tried and
Thereafter ut the Novcm.
Der, 1905, term Of the district court of
lavapni county, Storm was again in.
Iiicted under the same section of the
Penal Code Of Arizona, for unlawfully
one thousand dollars Of
public moneys, the taking being al.
|eged to have occurred on or about
April 10th, 1908, and while Storm was
county treasurer rs aforesaid. Upon
The second trial defendant pleaded not
guilty; that he had been acquitted Of
he ofrense charged by the verdict and
Judgment given at the first trial, and
hat he had once been in jeopardy for
he onense charged. At the second
rial the court ruled as a matter Of \
aw that, upon the evidence Of the
ecord Of the trial had under the first
Indictment, the pleas Of former acquit-
al and once in jeopardy were not sus.
aimed, and that the one question for
ubmission to the jury was whether
n not Storm was guilty rs charged
n the indictment. Accordingly, the
ingle issue submitted to the jury for
Is verdict was the guilt or innocence
4 the defendant. He was found guilty,
nd upon appeal to the supreme court
4 the Territory the judgment was AZ.
rmed. Plaintiff in error then sued
ut q writ Of error from this court
o the supreme court Of the Territory
4 Arizona.
Counsel for the Territory now move
dismiss the writ Of error because
I lack Of jurisdiction, and contention
cling that inasmuch a. the conviction
erein was had under the penal laws
the Territory, IL is not a case where
he judgment Of this court Is made final
nd is not one arising under the Grim
'ai laws as specified In Section of
he Judiciary Act Of March 3, 1891,
circuit courts Of appeals,
nd defining and regulating in certain
ases the jurisdiction Of courts Of the
nited States. Section 9 Of the act
sferred to grants to the circuit courts
appeals jurisdiction to review by
ppeal or writ Of error final decisions
the district or circuit courts in all
'ses other than those provided for In
ection 8 Of the act, unless otherwise
rovided by law, and makes the judg-
ents Of the circuit courts Of appeals
nal Gin all cases arising under the
atent laws, under the revenue laws,
nd under the criminal laws and in ,
imiralty cases." c. SIT, 20 ST., 500.
" argued too that the judgment
erein Is not one which ma DO 70.
swed by this court under IL author. |
y conferred by Section Is Of the Ju.
c'ary act referred to, which provides ,
lat In cases in which the judgments 1
the circuit court Of appeals are /
AIDE final by the aforesaid act Of 1891, I
70 said courts shall have the same |
'pellate jurisdiction by writ Of err
y or appeal to review the judgments, ,
GERS and DEGREES of the supreme {
'urts Of the several territories ~ by (
e act they may have to review the Z
ogments, orders and DEGREES Of tho :
strict and circuit courts. and for that I
''po's the several territories shall, by