Legal Opinion

State v. Hansen

Utah Supreme Court

Decided February 23, 1912No. 2270PublishedCited by 5 opinions

Appeal from District Court, First District; Hon. W. T7. Maughan, Judge. Paul Hansen was convicted of adultery and be appeals. STATEMENT OE FACTS. It is charged in the information that the defendant, a married man, on the 21st day of May, 1910, at Cache County, Utah, committed the crime of adultery by then and there having carnal knowledge of the body of a certain unmarried woman therein named, hereinafter referred to as the prose-cutrix.

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Appeal from District Court, First District; Hon. W. T7. Maughan, Judge. Paul Hansen was convicted of adultery and be appeals. STATEMENT OE FACTS. It is charged in the information that the defendant, a married man, on the 21st day of May, 1910, at Cache County, Utah, committed the crime of adultery by then and there having carnal knowledge of the body of a certain unmarried woman therein named, hereinafter referred to as the prose-cutrix. A trial was had which resulted in a verdict of guilty, and the defendant was thereafter sentenced to serve a term of two years in tbe state prison. To…

1Opinion of the CourtMcCARTY, J.

(after stating the facts as above).

One of the grounds relied on for a new trial is that the evidence is insufficient to justify the verdict. The contention made is, first, that the testimony of'the accomplice (prose-cutrix) was so self-contradictory, and that she was otherwise so thoroughly impeached that the evidence was rendered unworthy of belief; and, second, that her testimony was not sufficiently corroborated to authorize a conviction.

It must be conceded that the testimony of the prosecutrix, when considered in all its phases, including the manner in which it was elicited by the…

2Cases cited1 opinion

  1. State v. HilbergUtah Supreme Court · 1900

3Cited by5 opinions

  1. State v. ErwinUtah Supreme Court · 1941
  2. State v. HougensenUtah Supreme Court · 1936
  3. Oliverson v. West Valley CityDistrict Court, D. Utah · 1995
  4. State v. ChynowethUtah Supreme Court · 1912
  5. State v. GardnerUtah Supreme Court · 1933

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