The lesser charge of dueling was dropped, but Hugh Moose would still likely face the attempted murder charge.
From the Arizona Daily Star, Wednesday, May 8, 1968:
JP Drops Charge Of Dueling
Attempted Murder Case Is Studied
By JOHN L. MAHER
A charge of dueling against Hugh L. Moose was dismissed during his preliminary hearing yesterday by Justice of the Peace Joe Jacobson, who then took the charge of attempted murder against Moose under advisement at the conclusion of the hearing.
Jacobson said testimony at the hearing did not show that Moose, 39, and Kenneth Lee Darris, 29, were in fact dueling when Darris was critically wounded on Feb. 24.
Mamouth Chief of Police Guy Hill, Darris’ brother-in-law, testified he spoke with Moose at the Pima County Jail on the morning of Feb. 25 and quoted Moose as saying he expected Darris to kill him but “it didn’t turn out like I planned.”
Sheriff’s Deputy Jack R. Bedwell testified at the opening of the hearing on April 25 that he had attempted to monitor the conversation between Hill and Moose with the Sheriff’s Office inter-communications system.
According to Hill, Moose said he had considered suicide on earlier occasions and on the night of the 24th he had been drinking and had words with his wife before he went to see Darris. After that they returned to Moose’s house in Darris’ car, armed themselves and then drove up the road from Moose’s Thornydale Rd. home.
Hill quoted Moose as saying he fired at Darris four times but missed the first three times.
Defense Atty. William T. Healey asked for a dismissal of the attempted murder charge, citing an 1860 California Supreme Court ruling of an 1855 statute which said dueling is a separate and distinct offense from murder, and duelists who meet each other face to face for deadly combat shall not be treated as murderers.
Healey also asked for a dismissal of both charges on the grounds that there was no positive identification of Moose, nor was their proof that the offense had occurred in Precinct 4 or even in Pima County.
Deputy County Atty. Stanley Patchell argued that the present day legislature would not consider a 103-year-old law an excuse for murder.
Patchell pointed out that Hill had testified that Moose lived 17 miles from the Pinal County line and “up the road” from his home would place the shooting inside Pima County.
Darris was at yesterday’s hearing, but was not summoned to the stand by either party. Moose is free on $2,000 bond.
A few days later, the decision was made to charge Moose with attempted murder.
From the Star, Saturday, May 11, 1968:
Gun Duel Figure Faces Attempted Murder Trial
Thirty-nine-year-old High Langtry Moose was bound over to Superior Court yesterday to stand trial on a charge of attempted murder.
Justice of the Peace Joe Jacobson held Moose to answer after hearing the final session of a preliminary hearing Tuesday.
Moose is accused of critically wounding Kenneth Lee Darris, 29, during a gun duel on Feb. 24, which allegedly stemmed from a love triangle involving the two men and Moose’s wife, Edith.
The key witness against Moose was Darris’ brother-in-law, Mammoth Police Chief Guy Hill, who talked to Moose at the sheriff’s office the night of the shooting.
Hill testified that Moose and Harris drove to Moose’s house together, then drove “up the road” to the location where Darris was shot. Moose transported Darris to the hospital after the shooting.
Jacobson dismissed the dueling charge against Moose Tuesday and allowed him to remain free on $2,000 bond.
Defense atty. William T. Healy had asked for a dismissal of the charge on the grounds that “up the road” did not place the incident on Precinct 4 or even in Pima County and also the fact that Hill’s testimony was not positive identification of Moose.
It seems very likely that the prosecution could figure out of the location of the duel was inside Pima County. Surely the spot was identified at some point after Moose's arrest.
