Legal Opinion

United States v. Cannon

Utah Supreme Court

Decided June 15, 1885PublishedCited by 5 opinions

Appeal from a judgment of tlie district court of the third district, and from an order refusing a new trial. The facts are stated in the opinion of the court. The indictment is bad for the reason that it does not state a case including all the elements of the offense defined in the third section of the Edmunds act.

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Appeal from a judgment of tlie district court of the third district, and from an order refusing a new trial. The facts are stated in the opinion of the court. The indictment is bad for the reason that it does not state a case including all the elements of the offense defined in the third section of the Edmunds act. We invoke the rule, which is settled beyond all controversy, that an indictment must allege all the facts necessary to fill every particular of the statutory or common law definition of the offense sought to be charged: 1 Am. Or. L. Secs. 285, 288; 1 Bish. on Or. Pr., Secs. 326,…

1Opinion of the Court

Boreman, J.:

On the seventh day of February, 1885, the defendant, Angus M. Cannon, was indicted in the third district court for the crime of unlawful cohabitation. After trial and a verdict of guilty, he made his motion for a new trial, which was overruled, and thereupon, on the seventh day of May, 1885, he was sentenced to the penitentiary for six months and to pay a fine of three hundred dollars. From the order overruling the motion for a new trial, and from the final judgment the defendant has appealed to this court. The body of the indictment reads as follows:

“The grand jurors of the…

2Cases cited28 opinions

  1. United States v. HartwellSupreme Court of the United States · 1868
  2. United States v. SimmonsSupreme Court of the United States · 1878
  3. Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
  4. People v. CroninCalifornia Supreme Court · 1867
  5. People v. KingCalifornia Supreme Court · 1865

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3Cited by5 opinions

  1. State v. BarlowUtah Supreme Court · 1944
  2. State v. WilliamsonUtah Supreme Court · 1900
  3. United States v. EldredgeUtah Supreme Court · 1887
  4. State v. JessupUtah Supreme Court · 1940
  5. Smith v. StateSupreme Court of Florida · 1917

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