People v. Berlin
Utah Supreme Court
On rehearing. Granted. The former decision of this court reversed, and tbe cause remanded to the court below for a new trial. For the former opinion of this court, per Zane, C. J. (Smith, J., dissenting), see 9 Utah, 383. (35 P. E. 498.)
1DissentBaetoh, J.
I do not agree with the majority opinion, overruling the former decision of this court, on the petition for a rehearing. It is evident, upon an examination of the case, and of the authorities controlling it, that the record presents no case for reversal. The only material question to be considered is whether an exception to an entire charge is sufficient to present a case for review on appeal. It appears to me that the opinion of Chief Justice Merritt proceeds in disregard to the old and well-established rules under which appellate courts will review the instructions of trial courts. No…
2Cases cited24 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Jackson Ex Dem. Astor v. CraneSupreme Court of the United States · 1831
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Beaver v. TaylorSupreme Court of the United States · 1876
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