Legal Opinion

People v. Kessler

Utah Supreme Court

Decided March 9, 1896No. 656PublishedCited by 9 opinions

Appeal from the district court of the Third judicial district, Territory of Utah. Hon. George W. Bartch, Judge. The appellant was indicted for murder in the first degree by the grand jury of the Third judicial district of the Territory of Utah, on the first day of December, 1894. He was tried under said indictment; and on the 19th day of said month the jury found him guilty of mur der in the second degree, with recommendations to mercy.

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Appeal from the district court of the Third judicial district, Territory of Utah. Hon. George W. Bartch, Judge. The appellant was indicted for murder in the first degree by the grand jury of the Third judicial district of the Territory of Utah, on the first day of December, 1894. He was tried under said indictment; and on the 19th day of said month the jury found him guilty of mur der in the second degree, with recommendations to mercy. Appellant’s motion for a new trial was denied, and on the 2d day of May, 1895, the court rendered judgment against said appellant and sentenced him to…

1Opinion of the Court

Zane, C. J.:

It appears from the record in tbis case that a jury found the defendant guilty of murder in the second degree; that the court entered a judgment of conviction, sentencing him to imprisonment in the penitentiary at bard labor for the term of 14 years, and denied bis motion for a new trial; and that be has appealed from that order and judgment to tbis court. It also appears that Frederick Niebergall, the deceased, was a soldier in the service of the United States; that on the night of the 22d of November, 1894, when in the bouse of Mrs. Binkley in Salt Lake City, be was shot in the…

2Cases cited8 opinions

  1. Insurance Co. v. MosleySupreme Court of the United States · 1869
  2. Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
  3. State v. NorthrupSupreme Court of Iowa · 1878
  4. Ware v. StateSupreme Court of Georgia · 1881
  5. People v. TidwellUtah Supreme Court · 1886

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. PfanschmidtIllinois Supreme Court · 1914
  2. Higgins v. Brown, JudgeSupreme Court of Oklahoma · 1908
  3. State v. KesslerUtah Supreme Court · 1897
  4. State v. VacosUtah Supreme Court · 1911
  5. Higgins v. Brown, JudgeCourt of Criminal Appeals of Oklahoma · 1908

4 more not listed; retrieve them via the Exa API.

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