United States v. Christensen
Utah Supreme Court
Appeal from an order of the district court of the' first district granting a new trial. The Utah statute upon granting a new trial in criminal cases, Sec. 318, Criminal Code, Sec. 5094, 2 Comp. Laws, 1888, 719, is as follows; “When a verdict has been rendered against the defendant, the court may, upon his application, grant a new trial in the following cases only: “ 1. When the trial has been had in his absence, if the indictment is for a felony.
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Appeal from an order of the district court of the' first district granting a new trial. The Utah statute upon granting a new trial in criminal cases, Sec. 318, Criminal Code, Sec. 5094, 2 Comp. Laws, 1888, 719, is as follows; “When a verdict has been rendered against the defendant, the court may, upon his application, grant a new trial in the following cases only: “ 1. When the trial has been had in his absence, if the indictment is for a felony. “2. When the jury has received any evidence out of' court, other than that resulting from a view of the premises. “ 3. When the jury has separated…
1Opinion of the Court
AndeRSOít, J.
The defendant was indicted for unlawful cohabitation, and was tried and convicted. He moved for a new trial upon the ground, among others, of misconduct of the jury tending to prevent a fair and due consideration of the case, based upon affidavits showing that one John *28Harris* who was one of the petit jury which convicted him* was on the grand jury which found the indictment, rand that the fact was not known to him or his counsel until after the verdict, and that the juror stated falsely ■on his voir dire that he had not formed or expressed an unqualified opinion as to the guilt…
2Cases cited4 opinions
- Rice v. StateIndiana Supreme Court · 1861
- Bennet v. StateWisconsin Supreme Court · 1869
- People v. ReeceUtah Supreme Court · 1881
- People v. LewisUtah Supreme Court · 1885
3Cited by8 opinions
- State v. WorthenUtah Supreme Court · 1988
- State v. MorganUtah Supreme Court · 1901
- People v. MooneyIllinois Supreme Court · 1922
- The People v. PeplosIllinois Supreme Court · 1930
- Trobough v. StateNebraska Supreme Court · 1929
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