Jesus MacIas, Appellant v. State, Respondent (Arizona 1931)

Summary

The court affirmed the first-degree murder conviction and life sentence. It held that the information sufficiently charged first-degree murder by alleging an unlawful killing with malice aforethought, that substantial evidence supported the verdict despite the conflicting evidence, and that the deceased's statement was properly admitted as a dying declaration. The court also upheld the self-defense and character-evidence instructions when read together.

Holding

Sufficiency of the information. An information charging the unlawful killing of a human being with malice aforethought sufficiently charges murder in the first degree; it need not expressly allege that the killing was wilful, deliberate, and premeditated or plead the facts establishing the degree.

Sufficiency of the evidence and review of the verdict. The verdict would not be disturbed because substantial evidence supported the conviction, and the court would not reweigh conflicting evidence or interfere where reasonable persons could reach different conclusions.

Admissibility of the deceased's statement. The deceased's statement was properly admitted as a dying declaration because the evidence showed that he was mentally lucid enough to understand and answer questions and believed at the time that he was going to die.

Self-defense instruction concerning threats and provocation. The challenged instruction did not improperly place on Macias the burden of proving an overt act by Hernandez before asserting self-defense; read in context, it placed the relevant burden on the prosecution and correctly made prior threats immaterial if no qualifying demonstration was shown.

Instructions concerning good character. The character instruction, considered together with the immediately following instruction, fairly stated the law and did not require reversal, even though the first instruction standing alone was subject to criticism.

Summary

Holding

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