Legal Opinion

Hopt v. Utah

Supreme Court of the United States

Decided May 4, 1885PublishedCited by 23 opinions

IN ERROR TO THE SUPREME COUET OF THE TERRITORY OE UTAH. This was a writ of error to reverse a judgment rendered by the Supreme Court of the Territory of Utah, affirming, upon appeal from the District Court of the Third Judicial District of the Territory, a judgment and sentence of death upon a conviction of murder.

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IN ERROR TO THE SUPREME COUET OF THE TERRITORY OE UTAH. This was a writ of error to reverse a judgment rendered by the Supreme Court of the Territory of Utah, affirming, upon appeal from the District Court of the Third Judicial District of the Territory, a judgment and sentence of death upon a conviction of murder. The decisions of this court, after former trials of the case, are reported in 104 U. S. 631, and 110 U. S. 574. One of the errors assigned in the brief filed in behalf of the ■ plaintiff in error was that the record did not comply with the statute of Utah requiring that the written…

1Opinion of the CourtJustice Geay

By the Utah Code of Criminal Procedure of 1878, the charge of the court to the jury “ must be reduced to writing before it is given, unless by mutual consent of the parties it is given orally.” § 257, cl. 7. Within five days after judgment upon a conviction, the clerk must annex together and file the papers necessary to constitute the record, including <k 4. A copy of the minutes of trial; 5. A copy of the minutes of the judgment ; 6. The bill of exceptions, if there be one; 7. The written charges asked of the court and refused, if there be any ; 8. A copy of all charges given and of the…

2Cases cited1 opinion

  1. Hopt v. PeopleSupreme Court of the United States · 1882

3Cited by23 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. United States v. BallSupreme Court of the United States · 1896
  3. Hopt v. UtahSupreme Court of the United States · 1887
  4. Murphy v. MassachusettsSupreme Court of the United States · 1900
  5. Bassett v. United StatesSupreme Court of the United States · 1890

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