Legal Opinion · Concurrence

State v. Shockley

Utah Supreme Court

Decided April 14, 1905No. 1581Published

Appeal from District Court, Salt Lake County; C. W. Morse, Judge. James Sbocldey was convicted of murder, and appeals. STATEMENT OE EACTS. Tbe defendant was convicted of tbe crime of murder in tbe ■first degree for tbe killing of one Amasa L. Gleason, and was sentenced to be executed.

Read the full summary

Appeal from District Court, Salt Lake County; C. W. Morse, Judge. James Sbocldey was convicted of murder, and appeals. STATEMENT OE EACTS. Tbe defendant was convicted of tbe crime of murder in tbe ■first degree for tbe killing of one Amasa L. Gleason, and was sentenced to be executed. Defendant is tbe only living eyewitness to tbe tragedy, and tbe facts and circumstances leading up to and surrounding the commission of tbe crime, as testified to by himself, are as follows: On January 6, 1904, be went tó tbe corner of Thirteenth and Second South streets, Salt Lake City, Utah, for tbe purpose of…

1Concurrence

BARTCH, C. J.,

concurring in the judgment of reversal, but not upon the grounds stated in the majority opinion.

I agree with my Brethren that this case ought to be reversed, but I do not agree with them as'to the grounds upon which the reversal should be placed. Nor do I agree with them as to all propositions of law which they have announced, nor that they have “in substance quoted all the evidence bearing on” the question of abandonment. I will therefore, as this is an important case, state my views respecting the main questions presented.

As shown by the record, the only person who was present…

2Cases cited63 opinions

  1. People v. MatherNew York Supreme Court · 1830
  2. People v. . WebsterNew York Court of Appeals · 1893
  3. State v. KentNorth Dakota Supreme Court · 1896
  4. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
  5. Wilbur v. FloodMichigan Supreme Court · 1867

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API