People v. Reece
Utah Supreme Court
Appeal from tbe second district court. The defendants moved for a new trial upon affidavits on the ground of — 1. Newly discovered evidence in this, that the juror Joseph Morris was an alien; 2. That the juror Morris was at the time of the verdict an alien, which fact was unknown to defendants at the trial, but was first discovered after verdict.
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Appeal from tbe second district court. The defendants moved for a new trial upon affidavits on the ground of — 1. Newly discovered evidence in this, that the juror Joseph Morris was an alien; 2. That the juror Morris was at the time of the verdict an alien, which fact was unknown to defendants at the trial, but was first discovered after verdict. The constitution of the United States, which is the supreme law in the territory (Organic Act, sec. 17), guarantees to the accused a trial by an “ impartial jury.” The “jury” mentioned in the constitution means a jury as known at common law, and such…
1Opinion of the Court
Twiss, J.:
The indictment in this case charges the defendant Ellis Reece, and four others, with the crime of house-breaking. Upon the trial there was a verdict of guilty.
The defendants filed a motion for a new trial, based upon several grounds, one of which was that Joseph S. Morris, one of the jury before which the defendants were tried, was not a citizen of the United States. The affidavits in support of the motion also state that neither of the defendants knew or had reason to believe that Morris was not a citizen until after the verdict. These statements were not denied by the prosecution,…
2Cases cited1 opinion
- Quinn v. HalbertSupreme Court of Vermont · 1880
3Cited by4 opinions
- State v. MorganUtah Supreme Court · 1901
- Lund v. Third Judicial Dist. Court in & for Salt Lake CountyUtah Supreme Court · 1936
- United States v. ChristensenUtah Supreme Court · 1890
- People v. LewisUtah Supreme Court · 1885