Legal Opinion

State v. Woolsey

Utah Supreme Court

Decided June 1, 1899PublishedCited by 6 opinions

Appeal from tbe sixth District' Court, Kane County, Hon. W. M. McCarty, Judge. Defendant was convicted of grand larceny. A demurrer was filed in the court below, on two grounds: First, that the facts stated did not constitute a public offense; second, that it does not substantially conform to the requirements of Secs. 4731 and.4732, E. S. 1898, in that it does not allege a day certain on which the offense is alleged to have been committed.

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Appeal from tbe sixth District' Court, Kane County, Hon. W. M. McCarty, Judge. Defendant was convicted of grand larceny. A demurrer was filed in the court below, on two grounds: First, that the facts stated did not constitute a public offense; second, that it does not substantially conform to the requirements of Secs. 4731 and.4732, E. S. 1898, in that it does not allege a day certain on which the offense is alleged to have been committed. The demurrer was overruled by the court below. After conviction and before sentence a motion in arrest of judgment was made on the same grounds as the…

1Opinion of the CourtBasein, J.

The defendant, William H. Woolsey, was convicted of grand larceny on the 2d day of December, 1898, and was sentenced to the penitentiary for a term of one year.

The defendant demurred to the indictment on two grounds: “1st. That the facts stated do not constitute a public offense. 2d. That it does not substantially conform to the requirements of section forty-seven hundred thirty-one and forty-seven hundred thirty-two, in this: that it does not allege a day certain on which the offense is alleged to have been committed.”

The demurrer was overruled by the court below. Before sentence a motion in…

Also in this document: Concurrence.

2Cases cited19 opinions

  1. Schwab v. BerggrenSupreme Court of the United States · 1892
  2. Long v. StateMississippi Supreme Court · 1876
  3. Rawson v. StateSupreme Court of Connecticut · 1848
  4. Commonwealth v. CostelloMassachusetts Supreme Judicial Court · 1876
  5. People v. AroCalifornia Supreme Court · 1856

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3Cited by6 opinions

  1. State v. LairbyUtah Supreme Court · 1984
  2. State v. SheffieldUtah Supreme Court · 1915
  3. Morgan v. StateSupreme Court of Florida · 1906
  4. State v. ThompsonUtah Supreme Court · 1906
  5. State v. RickenbergUtah Supreme Court · 1921

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

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