United States v. Smith
Utah Supreme Court
Appeal from a judgment of the district court of the first district and from an order refusing a new trial. Tbe court should not have admitted tbe testimony objected to. It was a mere opinion expressed in earnest political discussion, and was simply an exercise of tbe right of free speech. But its admission in evidence was calculated to prejudice defendant with tbe jury.
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Appeal from a judgment of the district court of the first district and from an order refusing a new trial. Tbe court should not have admitted tbe testimony objected to. It was a mere opinion expressed in earnest political discussion, and was simply an exercise of tbe right of free speech. But its admission in evidence was calculated to prejudice defendant with tbe jury. Tbe court should not instruct upon matters of fact, and this includes tbe ascertaining of tbe existence of a fact, tbe presumption of one fact from another and their weight and sufficiency in every respect. In these respects…
1Opinion of the Court
Zane, C. J.:
Tbe defendant was tried in tbe first district court on an indictment charging him with unlawful cohabitation with Sarah Jane Smith and Christina Smith within two years next preceding the first day of January, 1887. From an order of the court denying his motion for a new trial, and from a judgment of conviction, he has appealed to this court.
On the trial, counsel for the government asked its witness if within two years before the first day of January, *2341887, be had heard the defendant say anything about polygamy or unlawful cohabitation, and the witness answered that defendant…
2Cases cited3 opinions
- Cannon v. United StatesSupreme Court of the United States · 1885
- United States v. MusserUtah Supreme Court · 1885
- United States v. SnowUtah Supreme Court · 1886
3Cited by1 opinion
- People v. DauchyAppellate Division of the Supreme Court of the State of New York · 1911