Legal Opinion

State v. Blue

Utah Supreme Court

Decided June 4, 1898No. 903PublishedCited by 7 opinions

Appeal from district court, Fifth district; W. M. McCarty, Judge. Thomas J. Blue was convicted of embezzlement, and appeals. An indictment which charges several acts, any one of which would constitute an offense, but which as pleaded are parts of one and the same matter and taken together constitute an entire transaction resulting in the commission of the crime charges but one offense.

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Appeal from district court, Fifth district; W. M. McCarty, Judge. Thomas J. Blue was convicted of embezzlement, and appeals. An indictment which charges several acts, any one of which would constitute an offense, but which as pleaded are parts of one and the same matter and taken together constitute an entire transaction resulting in the commission of the crime charges but one offense. People v. Hill, 3 Utah 334; People v. Thompson, 28 Cal. 215; People v. Franlc, 28 Cal. 507; People v. De La Guerra, 31 Cal. 460;. People v. Ah Ovon, 39 Cal. 604; Wharton’s Criminal Law, 141. While the general…

1Opinion of the Court

Babtoh, J.:

The defendant was convicted of the crime of embezzle ment, and, upon his motion in arrest of judgment having been overruled, and sentence of imprisonmentpronounced he appealed to this court. Upon his arraignment he demurred to the information, inter alia, on the grounds that it charged two offenses, neither of which was charged in the complaint filed before the committing magistrate, and *178that he had never had a hearing or been committed or bound over on either of the charges contained in the information. The demurrer was overruled, and the action • of the court is assigned as error.

2Cases cited6 opinions

  1. People v. WadsworthMichigan Supreme Court · 1886
  2. Commonwealth v. EsteMassachusetts Supreme Judicial Court · 1885
  3. People v. CarrilloCalifornia Supreme Court · 1879
  4. State v. LindleySupreme Court of Iowa · 1879
  5. People v. HurstMichigan Supreme Court · 1886

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. EltonUtah Supreme Court · 1984
  2. State v. HendricksonUtah Supreme Court · 1926
  3. State v. ErvinUtah Supreme Court · 1969
  4. State v. BrownUtah Supreme Court · 1911
  5. State v. Van KuranUtah Supreme Court · 1902

2 more not listed; retrieve them via the Exa API.

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