State v. Mortensen
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County. — Hon. G. W. Morse, Judge. The defendant was convicted of murder in the first degree and sentence of death having been pronounced against him, he appealed. STATEMENT OF FACTS. The information in this ease,charges the defendant with the unlawful, deliberate, and malicious murder, on the 16th day of December, 1901, of James R. Hay.
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Appeal from the Third District Court, Salt Lake County. — Hon. G. W. Morse, Judge. The defendant was convicted of murder in the first degree and sentence of death having been pronounced against him, he appealed. STATEMENT OF FACTS. The information in this ease,charges the defendant with the unlawful, deliberate, and malicious murder, on the 16th day of December, 1901, of James R. Hay. Among other things, it appears from the evidence that the accused and the deceased were both residents of Forest Dale, Salt Lake county, Utah. The deceased was the secretary and treasurer of the Pacific Lumber…
1Opinion of the CourtBartch, J.
The appellant, in the first instance, insists that the court committed prejudicial error in permitting a stipulation, made in open court by the defense with the 1 , prosecution, wherein the defense admitted that, if the witness, J. C. Sharp, were present, he would testify that from November 2 to December 16, 1901, he h-d paid the defendant various specified sums of money amounting to $2,150, to be received as evidence and considered by the jury. It is urged that the admission as evidence of the matter set forth in the stipulation, notwithstanding the consent thereto by the defense, was in…
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3Cited by73 opinions
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