People v. Hite
Utah Supreme Court
Appeal from an order refusing a new trial and from a judgment of conviction of the district court of the first district. The opinion states the facts, except the following. The whole charge of the court was as follows: It now becomes my duty, gentlemen of the jury, to charge you as to the law of this case. This defendant is charged with murder — what is called murder in the first degree.
Read the full summary
Appeal from an order refusing a new trial and from a judgment of conviction of the district court of the first district. The opinion states the facts, except the following. The whole charge of the court was as follows: It now becomes my duty, gentlemen of the jury, to charge you as to the law of this case. This defendant is charged with murder — what is called murder in the first degree. Now, listen to the definition the statute gives: “ Murder is' the unlawful killing of a human being with malice aforethought." That definition embraces both murder in the first and in the second degrees.…
1Opinion of the Court
ZANE, C. J.:
The defendant was tried on an indictment charging him with the crime of murder, the jury found him guilty of murder in the second degree, the court overruled his motion for a new trial, entered judgment on the verdict and sentenced him to imprisonment in the penitentiary for the term of twelve years. From the order overruling his motion and from the judgment on the verdict the defendant appealed to this court. His counsel make numerous" objections to the rulings of the court upon which they rely for a reversal of the judgment. They claim that the. evidence did not authorize the…
2Cases cited8 opinions
- Adams v. PeopleIllinois Supreme Court · 1868
- Territory of Dakota v. O'HareNorth Dakota Supreme Court · 1890
- State v. NeeleySupreme Court of Iowa · 1865
- People v. MeyerCalifornia Supreme Court · 1888
- People v. StoneciferCalifornia Supreme Court · 1856
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wallace v. StateSupreme Court of Florida · 1899
- State v. McCumberUtah Supreme Court · 1980
- Williamson v. StateCourt of Criminal Appeals of Texas · 1914
- Fenstermaker v. Tribune Publishing Co.Utah Supreme Court · 1895
- State v. HougensenUtah Supreme Court · 1936
12 more not listed; retrieve them via the Exa API.