People v. Green
Utah Supreme Court
Appeal from the District Court of the First (now Third) Judicial District, Great Sait Lake County. The Defendant was indicted in October, 1855, by the Grand Jury of said District, for the crime of an assault with intent to kill and -murder one Nathan Tanner, and upon the trial was convicted and sentenced to imprisonment for the term of six months. The indictment contained two .counts, and the Defendant pleaded “not guilty” as to both.
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Appeal from the District Court of the First (now Third) Judicial District, Great Sait Lake County. The Defendant was indicted in October, 1855, by the Grand Jury of said District, for the crime of an assault with intent to kill and -murder one Nathan Tanner, and upon the trial was convicted and sentenced to imprisonment for the term of six months. The indictment contained two .counts, and the Defendant pleaded “not guilty” as to both. The verdict was as follows: “ We, the Jury, find a verdict of guilty on the second count in the indictmelrt unanimously by imprisonment for the term of six…
1Opinion of the CourtDrummond, Justice
Upon the trial of this cause in the Court below, we find the following bill of exceptions was taken, a proper construction and understanding of which will most fully and clearly settle all the points and questions raised in this case, to-wit:
“Be it remembered that on.the trial of this cause A. W. Babbitt, Esq.-, Attorney for the prisoner, moved to quash the indictment on the ground that the Jury who found the Bill of Indictment was not taken from the body of Great Salt Lake County, but from the First Judicial District of the Territory of Utah, which motion the Court overruled, holding and…
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