People v. Callaghan
Utah Supreme Court
Appeal from a judgment of tbe district court of tbe second judicial district, and from an order refusing a new trial. In impaneling tbe jury, tbe names of twelve jurors were drawn from tbe general box, of wbom one was challenged for cause by tbe defendant, tbe challenge sustained by tbe court, and tbe juror excused.
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Appeal from a judgment of tbe district court of tbe second judicial district, and from an order refusing a new trial. In impaneling tbe jury, tbe names of twelve jurors were drawn from tbe general box, of wbom one was challenged for cause by tbe defendant, tbe challenge sustained by tbe court, and tbe juror excused. Tbe defendant then demanded that, before be should be required to proceed with other challenges, either peremptory or for cause, that tbe vacancy so caused should be filled by drawing another juror; but tbe court ruled that, before tbe number of twelve should be replaced from tbe…
1Opinion of the Court
EMERSON, J.:
The appellant, Callaghan, was jointly indicted with Fennell and Fitzgerald, charged with murder in the first degree, in the killing of one Daniel Mahoney, at Frisco, in Beaver county. All three pleaded not guilty, and upon the case being called for trial, the defendant Fennel elected to be tried separately, and the trial proceeded as to the other two.
*52When the prosecution rested their case, at the close of their evidence in chief, the counsel for the defendant Fitzgerald moved for his discharge, on the ground “that there was no evidence implicating him with any criminal act in the…
2Cases cited4 opinions
- People v. CroninCalifornia Supreme Court · 1867
- People v. ScogginsCalifornia Supreme Court · 1869
- People v. RussellCalifornia Supreme Court · 1873
- Salisbury v. BigelowMassachusetts Supreme Judicial Court · 1838
3Cited by15 opinions
- State v. AnselmoUtah Supreme Court · 1915
- Lumpkin v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. CarringtonUtah Supreme Court · 1897
- State v. RileyUtah Supreme Court · 1911
- State v. RoedlUtah Supreme Court · 1945
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