State v. Hart
Utah Supreme Court
Original application in the Supreme Court by the State of Utah against Charles H. Hart, District Judge, for a writ of mandamus to compel him to impanel a jury of twelve men to try a defendant .on a' criminal indictment returned prior to the admission of Utah as a State.
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Original application in the Supreme Court by the State of Utah against Charles H. Hart, District Judge, for a writ of mandamus to compel him to impanel a jury of twelve men to try a defendant .on a' criminal indictment returned prior to the admission of Utah as a State. While it is well settled that mandamus will not lie to control the action of an inferior court in a matter within its discretion, or to direct a judge how to decide a case, the- law is equally well established that where a court erroneously refused to act in the matter within its jurisdiction, this writ will issue to compel it…
1Opinion of the CourtMiner, J.
On the 23d day of January, 1895, an indictment was duly returned by the grand jury to the district court of Salt Lake County charging and accusing Joseph R. Morris with the commission of a felony, by having agreed to receive a bribe while acting in the official capacity of county selectman of Salt Lake County, Utah. Said Morris was duly arraigned on the 7th day of December, 1895, and pleaded not guilty to said indictment. Thereafter, on the 22d day of December, 1898, said cause came on for trial in said court before the defendant, as presiding judge of said court. Thereupon the prosecuting…
2Cases cited12 opinions
- Thompson v. UtahSupreme Court of the United States · 1898
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- Brown v. BuckMichigan Supreme Court · 1889
- Ex Parte JordanSupreme Court of the United States · 1877
- Ex Parte ParkerSupreme Court of the United States · 1887
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3Cited by9 opinions
- State v. RuggeriUtah Supreme Court · 1967
- State v. BatesUtah Supreme Court · 1900
- Civic Federation v. Salt Lake CountyUtah Supreme Court · 1900
- State v. RockUtah Supreme Court · 1899
- State v. BoothUtah Supreme Court · 1899
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