Bowden v. Nugent
In Bowden v. Nugent, 26 Ariz. 485, 488, 226 P. 549, 550 (1924), the Arizona Supreme Court explained that "persons accused of crimes may demand and have a jury trial in those cases as to character or grade, in which they could demand and have a jury trial before the Constitution was adopted . . . ."
Thus, the Bowden court held that the defendant accused of violating a city ordinance by operating a poker game was entitled to a jury trial because the charge was "in the nature of conducting or maintaining a gambling house," a jury-entitled offense at common law. Id. at 488, 226 P. at 550.