State v. King
Utah Supreme Court
Appeal from tbe Third District Court, Salt Lake County.— Hon. John E. Booth, Judge. The defendants were convicted of murder. From an order denying a motion for a new trial, they appealed. STATEMENT OF FACTS. The defendants were, on the 13th day of November, 1900, in the district court of Salt Lake county, convicted of murder in the first degree, for the killing of one Godfrey Prowse.
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Appeal from tbe Third District Court, Salt Lake County.— Hon. John E. Booth, Judge. The defendants were convicted of murder. From an order denying a motion for a new trial, they appealed. STATEMENT OF FACTS. The defendants were, on the 13th day of November, 1900, in the district court of Salt Lake county, convicted of murder in the first degree, for the killing of one Godfrey Prowse. On the 15th day of November, 1900, judgment was pronounced against them, and the death penalty imposed. An appeal was taken, and this court affirmed the judgment of the trial court. 24 Utah 482, 68 Pac. 418, 91…
1Opinion of the CourtMcCARTY, J.
We are of the opinion that a new trial should have been granted defendant King. It is evident from the record in this case that, without the testimony of Wit-tenberg and Meyers, it is extremely doubtful whether King could have been convicted, as there is no evidence in the record which, standing alone, separate and apart from the evidence given by said Wittenberg and Meyers, would or could have established his identity as one of the men who participated with defendant Lynch in the commission of the crime.
It is insisted by the Attorney-General that the evi-*11deuce set out in the affidavits of…
2Cases cited5 opinions
- Dennis v. StateIndiana Supreme Court · 1885
- Mann v. StateTexas Supreme Court · 1876
- State v. MoberlySupreme Court of Missouri · 1894
- State v. CampbellUtah Supreme Court · 1903
- State v. HaworthUtah Supreme Court · 1903
3Cited by4 opinions
- Lee v. StateNebraska Supreme Court · 1932
- Foreman v. StateIndiana Supreme Court · 1932
- State v. KinderUtah Supreme Court · 1963
- State v. MortensenUtah Supreme Court · 1903