Legal Opinion

People v. Hopt

Utah Supreme Court

Decided January 15, 1886PublishedCited by 15 opinions

Appeal from a judgment of conviction of tbe district court of tbe third district and from an order refusing a new trial.

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Appeal from a judgment of conviction of tbe district court of tbe third district and from an order refusing a new trial. The juror Gabott, challenged both for actual and implied bias, testified on his direct examination on voir dire, that he had heard of the case through the newspapers, and had read what was represented to be the evidence; that he had talked about it since that time; that lie did not think he had ever expressed an opinion on the case, but that he had formed a qualified opinion, that is if the evidence were true and if the reports were true; that he had an opinion of the guilt…

1Opinion of the Court

Powers, J.:

Tbe defendant was indicted for tbe murder of John P. Turner. He has seemed to live a charmed life, for. be has been tried four times, each time convicted of murder in tbe first degree and sentenced to death, and three times be has been granted new trials. The case is now here for a review of the fourth trial. Tbe record, although a long-one, is remarkably free from error. Tbe defendant has been defended by able counsel appointed by tbe court, and all bis rights appear to have been carefully guarded.

1. Tbe first point made, and which is urged why a new trial should be granted, is…

2Cases cited27 opinions

  1. Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
  2. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  3. Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
  4. The People v. . EastwoodNew York Court of Appeals · 1856
  5. Commonwealth v. DorseyMassachusetts Supreme Judicial Court · 1869

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3Cited by15 opinions

  1. State v. MenziesUtah Supreme Court · 1994
  2. State v. HaworthUtah Supreme Court · 1902
  3. Sears v. Seattle Consolidated Street Railway Co.Washington Supreme Court · 1893
  4. First Nat. Bank v. Fire Ass'nOregon Supreme Court · 1898
  5. Carrier v. Pro-Tech RestorationUtah Supreme Court · 1997

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