State v. Carrington
Utah Supreme Court
Appeal from the First district court, Box Elder county. C. H. Hart, Judge. J. B. Carrington was convicted of murder in the second degree, and appeals. It is apparent that if the dying statement in writing .was admissible tbe oral statements were not admissible. ■If it was committed to writing it is essential to produce tbe writing, wbicb is tbe best evidence.
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Appeal from the First district court, Box Elder county. C. H. Hart, Judge. J. B. Carrington was convicted of murder in the second degree, and appeals. It is apparent that if the dying statement in writing .was admissible tbe oral statements were not admissible. ■If it was committed to writing it is essential to produce tbe writing, wbicb is tbe best evidence. Greenleaf on Evidence (14fch Ed.) 161; Rex v. Gay, 7 C. and P. 230; Rex v. Reason, 1 Strange 499; Boulden v. State, 15 So. Rep. 341. When not signed it seems not to be evidence although it is even sworn to. State v. Whiston, 16 S. E.…
1Opinion of the Court
Bartch, J.:
Tbe defendant in this case was indicted for murder, and was tried for and convicted of murder in tbe second degree, tbe higher offense being waived bj tbe prosecution at tbe commencement of tbe trial. Counsel for tbe prisoner objects at tbe outset to tbe indictment, because it was found by a grand jury of seven members, as provided in section 13, art. 1, Const. Utah, and claims that tbe law authorizing such a jury was ex post faoto as to this case, because tbe alleged offense was committed before tbe constitution went into effect. Tbe provision referred to provides that tbe…
2Cases cited12 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Kring v. MissouriSupreme Court of the United States · 1883
- People v. GoldensonCalifornia Supreme Court · 1888
- People v. SimpsonMichigan Supreme Court · 1882
- People v. VernonCalifornia Supreme Court · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. NortonUtah Supreme Court · 1983
- State v. HaworthUtah Supreme Court · 1902
- State v. JamesUtah Supreme Court · 1989
- Morris v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Higgins v. Brown, JudgeSupreme Court of Oklahoma · 1908
20 more not listed; retrieve them via the Exa API.