Wayne Sanderson
Re: Re: Okay, Wayne....
Sat Jun 04, 2022 19:52

To follow up: Arizona Territory in 1881 was an interesting place, criminal law-wise. One interesting feature is that even a private citizen could bring a criminal charge as a presentment to the court and the local jurisdiction had to pursue it. That's mostly changed everywhere in the century since then, mostly because of abuses and vindictiveness, as in the street fight case with Ike repeatedly bringing the same charges over and over again, presentments lacking in probable cause, etc. That's why Spicer AND the Grand jury threw it out- It was at best nonsense and at worst a combination of slander, perjury and hatred driven repetitive filings that violated due process and the finality of official findings that are not subject to appeal.

  • Re: Okay, Wayne....Wayne Sanderson, Sat Jun 04 2022 19:38
    The statute's wording requiring action under certain circumstances was intended to prevent the Coroner from using discretion to NOT hold an inquest, a check against showing favoritism by letting some slide... more
    • Oh Boy!...Joyce A. Aros, Sun Jun 05 2022 15:49
      ...If I were not so intrigued, I would have disappeared a few posts ago, but old folks like me don't always learn and I think you are having some fun with me. I have some homework to do, but though... more
      • Re: Oh Boy!...Wayne Sanderson, Sun Jun 05 2022 16:26
        I do have to go along with you on your opinion of the prosecutors- For seemingly smart guys, they were imbeciles. They trotted out their whole case, witness testimony, strategy and everything at a Preliminary... more
        • One last thought,,,,Joyce A. Aros, Mon Jun 06 2022 9:11
          ...Wayne, I think our discussion has been really worthwhile from my side and I've learned some stuff I had considered but from a slightly different angle. I am not a historian; I tend to examine things... more
      • Re: Oh Boy!...Wayne Sanderson, Sun Jun 05 2022 16:06
        Don't forget how the McLaury brother with the law degree showed up and insinuated himself into the ongoing hearing on the prosecution side and damn near hijacked the whole side's case. What I said about... more
        • So you must recognize my sympathy is with Ike ...Joyce A. Aros, Sun Jun 05 2022 17:38
          ...in this situation. Obviously he did not understand what the procedure entailed, he was deeply emotionally involved, time was the enemy as well...and his ignorance of all of this caused him to repeat... more
          • Re: So you must recognize my sympathy is with Ike ...Wayne Sanderson, Sun Jun 05 2022 17:46
            As I said before, this was a badly mishandled preliminary hearing on the government's part. They showed their entire hand and allowed things to be examined and refuted that should have never been heard... more
            • No argument on that one, but...Joyce A. Aros, Sun Jun 05 2022 18:17
              I can blame the Earps for sucking it up and walking away with a blemished conscience!
    • Re: Re: Okay, Wayne.... — Wayne Sanderson, Sat Jun 04 2022 19:52