Reports of Cases Determined in the Supreme Court of the Territory of Utah, Volume 4 |
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Results 1-5 of 32
Page 47
... referred to , stated " that he did not claim that the jury could receive the portion which he proposed to read from said book as the law of this case , as the law must be given by the judge in instructing the jury , but that he claimed ...
... referred to , stated " that he did not claim that the jury could receive the portion which he proposed to read from said book as the law of this case , as the law must be given by the judge in instructing the jury , but that he claimed ...
Page 48
... referred to , and depended upon , the testi- mony taken , and what that was we have no means of knowing or ascertaining . So far as the instructions related to the pleadings , they show that the view the court took of the case was that ...
... referred to , and depended upon , the testi- mony taken , and what that was we have no means of knowing or ascertaining . So far as the instructions related to the pleadings , they show that the view the court took of the case was that ...
Page 52
... referred to . It appears from the record of the testimony sent up , that the deceased was a constable and night watchman ; that the shooting , resulting in his death , occurred at about three o'clock on Sunday morning , August 3 , 1883 ...
... referred to . It appears from the record of the testimony sent up , that the deceased was a constable and night watchman ; that the shooting , resulting in his death , occurred at about three o'clock on Sunday morning , August 3 , 1883 ...
Page 61
... referred exclusively to circumstances immediately attending the shooting , and were not expressions of mere matters of opinion , but of facts that would have been re- ceivable in evidence had death not occurred , and the ap- pellant ...
... referred exclusively to circumstances immediately attending the shooting , and were not expressions of mere matters of opinion , but of facts that would have been re- ceivable in evidence had death not occurred , and the ap- pellant ...
Page 62
... the shot of all . It is immaterial which should be charged as principal in the first degree . It was not error to refuse this request . The affidavits for a new trial referred to by counsel 62 [ Jan. 1885 . PEOPLE . CALLAGHAN .
... the shot of all . It is immaterial which should be charged as principal in the first degree . It was not error to refuse this request . The affidavits for a new trial referred to by counsel 62 [ Jan. 1885 . PEOPLE . CALLAGHAN .
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Common terms and phrases
action aforesaid answer appellant Arthur Brown authority Belle Harris bonds BOREMAN charge claim coal lands cohabitation common law complaint concurred Congress counsel crime criminal deceased decree defendant demurrer Denver & Rio Denver and Rio district court ditch divorce dollars dying declaration Edmunds act error evidence facts fendant filed grand jury granted guilty held indictment instructions judgment judicial jurisdiction jurors justice legislative legislature Lehi living male person marriage ment mortgage motion Musser necessary objection offense opinion party plaintiff Plaintiff further alleges Pleasant Valley Railway plural marriage polygamy prosecution question reason refusing rehearing respondent Rio Grande Western rule sexual intercourse Spackman statement statute territory of Idaho territory of Utah testimony thereof tion trial United unlawful cohabitation Utah and Pleasant Utah territory Valley Railway Company Venard verdict Western Railway Company wife witness woman women writ ZANE
Popular passages
Page 66 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Page 134 - All the forms of pleading in criminal actions, heretofore existing, are abolished; and hereafter, the forms of pleading, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed by this Code.
Page 494 - When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined, instead of having several indictments the whole may be joined in one indictment in separate counts; and if two or more indictments are found in such cases, the court may order them to be consolidated.
Page 179 - ... and in the meantime may discharge the defendant from custody on his own undertaking of bail for his appearance to answer the charge at the time to which the action is continued.
Page 228 - You are further instructed that you are the sole judges of the credibility of the witnesses and of the weight to be given to their testimony.
Page 62 - The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as principals...
Page 367 - A writ of review may be granted by any Court, except a Police or Justice's Court, when an inferior tribunal, Board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, Board, or officer, and there is no appeal, nor, in the judgment of the Court, any plain, speedy, and adequate remedy.
Page 381 - The supreme court shall also have appellate jurisdiction from the circuit courts and courts of the several states, in the cases hereinafter specially provided for; and shall have power to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction...
Page 41 - ... jurisdiction, if the course of proceeding be not specifically pointed out by this code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this code.— Code amend.— 1880:43.
Page 316 - Suppose one believed that human sacrifices were a necessary part of religious worship, would it be seriously contended that the civil government under which he lived could not interfere to prevent a sacrifice? Or if a wife religiously believed it was her duty to burn herself upon the funeral pile of her dead husband, would it be beyond the power of the civil government to prevent her carrying her belief into practice?