State v. Bates
Utah Supreme Court
Appeal from the Third District Court, Tooele county. Hon. John A. Street, Judge. George Bates was convicted of murder in the second degree and sentenced to ten years’ imprisonment, and appeals. The court had no jurisdiction to try the defendant with less than twelve men as a jury. Section 10, of article 1, of our constitution is repugnant to the 14th amendment to the United States constitution.
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Appeal from the Third District Court, Tooele county. Hon. John A. Street, Judge. George Bates was convicted of murder in the second degree and sentenced to ten years’ imprisonment, and appeals. The court had no jurisdiction to try the defendant with less than twelve men as a jury. Section 10, of article 1, of our constitution is repugnant to the 14th amendment to the United States constitution. It abridges the privileges of citizens and deprives citizens charged with crime of due process of law. Thompson on Juries 810, and cases cited; Sill v. People, 16 Mich. 356; Gcmeemi v. People, 18 N. T.…
1Opinion of the Court
ZANE, C. J.:
Tbe defendant was tried upon an indictment charging him with tbe murder of tbe late John Nordquist, by feloniously, and with malice aforethought, striking him upon the head with a wooden pole. In tbe indictment tbe grand jury expressly characterized tbe crime as murder in the second degree. Upon tbe trial, tbe petit jury found the defendant guilty of murder in tbe second degree. Tbe court overruled a motion for a new trial, and sentenced him to confinement in tbe state prison for tbe term of 10 years. From tbe order overruling the motion *297for a new trial, and from tbe sentence, tbe…
2Cases cited9 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Walker v. SauvinetSupreme Court of the United States · 1876
- Duncan v. MissouriSupreme Court of the United States · 1894
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3Cited by13 opinions
- Thompson v. UtahSupreme Court of the United States · 1898
- Taylor v. StateWyoming Supreme Court · 1980
- Higgins v. Brown, JudgeSupreme Court of Oklahoma · 1908
- State v. Lee LimUtah Supreme Court · 1932
- State v. CarringtonUtah Supreme Court · 1897
8 more not listed; retrieve them via the Exa API.