State v. Mortensen
Utah Supreme Court
Appeal from the Third District Court, Salt Late County. — Now. C. W. Morse, Judge. The defendant was convicted of murder and from a judgment denying a second motion for a new trial and from an order refusing his application for a certificate of probable cause, he appealed.
1Dissent
MARIONEAÍTX, District Judge.
I dissent from the majority of the court in dismissing the defendant’s, second appeal from the judgment of the lower court-I do so because it is clear to me beyond reasonable controversy that he has not had such a trial as the Constitution of Utah, guaranties to every person accused of crime. Const, art. 1. sec. 12, provides that “in criminal prosecutions the accused shall have the right to be confronted by the witnesses against him, ... to have a speedy public trial by an impartial jury, . . . and the right to appeal in all cases.” It appears from the record that…
2Cases cited8 opinions
- Mattingly v. PennieCalifornia Supreme Court · 1895
- State v. MortensenUtah Supreme Court · 1903
- State v. KingUtah Supreme Court · 1902
- Herriman Irrigation Co. v. KeelUtah Supreme Court · 1902
- State v. MorganUtah Supreme Court · 1901
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