Friday, November 15, 2013

Burrows v. State case brief

Burrows v. State case brief summary
297 P. 1029 (1931)

Defendant appealed his conviction from the Superior Court of the County of Maricopa (Arizona) for murder.

Defendant challenged his conviction for murder of an individual who had picked him up while defendant was hitchhiking. At issue was the question of the age of defendant at the time the killing occurred.

  • The court held that the juvenile law affected the treatment and not the capacity of the offender. 
  • The information on which defendant was tried was admittedly filed after he had reached the age of eighteen, and the issue of his age was not suggested until after the filing of such information. 
  • Thus, the admitted facts showed the Juvenile Code did not apply. 
  • At issue also was whether the prosecutor was guilty of misconduct in his argument to the jury, when he made reference to a sensational murder case. 
  • The court found that because of the necessarily prejudicial remarks of the prosecutor, the judgment should be reversed, and the case remanded for a new trial.

Defendant's conviction for murder was reversed because of the necessarily prejudicial remarks of the prosecutor to the jury about another murder case. The case was remanded for a new trial.

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