ERNEST HALL, Defendant and Appellant, v. TERRITORY OF ARIZONA, Plaintiff and Respondent

[Criminal No. 175. Filed March 26, 1904.] [76 Pac. 476.] ERNEST HALL, Defendant and Appellant, v. TERRITORY OF ARIZONA, Plaintiff and Respondent. 1.' Criminal Law—Practice—Appeal—Rev. Stats. 1901, Pen. Code, Sec. 1067, Construed.—No appeal can be taken from a judgment of the district court rendered in a ease appealed from a justice couit, such appeal being expressly prohibited by the statute, supra. APPEAL from a judgment of the District Court of the Fourth Judicial District in and for the County of Navajo. R. E. Sloan, Judge. Dismissed. The facts are stated in the opinion. 1 Klock & Owen, and W. H. Burbage, for Appellant. E. W. Wells, Attorney-General, and E. S. Clark, District Attorney, and Joseph E. Morrison, for Respondent. • [MAJORITY — THE COURT.] THE COURT. The appellant in this case was tried before a justice of the peace upon a misdemeanor charge, and was convicted. He appealed to the district court, where a trial de novo again resulted in a judgment of conviction. He now seeks to prosecute a further appeal to the supreme court. From this he is debarred by section 1067 of the Penal Code of 1901, which provides: “. . . There shall be no appeal from a judgment of the district court rendered in a case appealed from a justice, police, or recorder’s court.” The appeal will therefore be dismissed.