Legal Opinion · Concurrence

State v. Musser

Utah Supreme Court

Decided December 16, 1946No. 6816Published

1Concurrence

LARSON, Chief Justice.

I concur in that part of the opinion upholding the information and declaring that an agreement to counsel, advise and urge other persons to practice polygamy is an agreement within the scope of the conspiracy statute. I concur in the holding that the evidence is insufficient to sustain a verdict against any defendant other than the 20* held by the prevailing opinion. I agree that as to Juanita Barlow and Jean Barlow Darger the sentence and conviction must be set aside for the reasons stated in the opinion.

Now I note the matters in which I must dissent. I think the…

2Cases cited17 opinions

  1. Hopt v. UtahSupreme Court of the United States · 1887
  2. People v. . McQuadeNew York Court of Appeals · 1888
  3. Thiede v. Utah TerritorySupreme Court of the United States · 1895
  4. People v. GageMichigan Supreme Court · 1886
  5. Garlitz v. StateCourt of Appeals of Maryland · 1889

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