State v. Snowden
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County.— Hon. A. Q. Norrell, Judge. Defendant was prosecuted for and convicted of the crime of adultery and appealed to the Supreme Court.
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Appeal from the Third District Court, Salt Lake County.— Hon. A. Q. Norrell, Judge. Defendant was prosecuted for and convicted of the crime of adultery and appealed to the Supreme Court. Our statute, excluding an attorney from being examined without the consent, of his client in civil matters, applies also in criminal cases (Section 5011, Revised Statutes of Utah, 1898). “And the statute excluding the attorney from being examined as to any communication in the course of professional employment, should be fairly construed and applied according to the plain import of its terms. The statute is…
1Opinion of the Court
HART, D. J.
(After stating the foregoing facts) — Our inquiry in this case is not whether the defendant be guilty or innocent; the question is whether upon the record before, this court there was such error in the admission of testimony, and duly excepted to, as precluded the defendant from having a fair and impartial trial.
There being a conflict in the testimony as to the competency of the witness, it was for the trial court to determine the question—Harris v. Dougherty (Tex.), 11 S. W. 921, and cases cited; and this court should not reverse except upon being clearly convinced that the court…
2Cases cited20 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
- Williams v. . FitchNew York Court of Appeals · 1859
- Britton v. . LorenzNew York Court of Appeals · 1871
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3Cited by6 opinions
- People v. GeroldIllinois Supreme Court · 1914
- State v. CallihamUtah Supreme Court · 2002
- State v. CallihamUtah Supreme Court · 2002
- Edwards v. EdwardsSupreme Court of Oklahoma · 1924
- Real Estate Trust Co. v. Wilmington & New Castle Electric Railway Co.Court of Chancery of Delaware · 1910
1 more not listed; retrieve them via the Exa API.