People v. Hancock
Utah Supreme Court
Appeal from an order refusing a new trial and from a judgment of conviction of the district court of the first district. The evidence was exceedingly voluminous and conflicting. The fact of Hancock’s doing the killing was testified to by an eye-witness, who was strongly contradicted by other eye-witnesses. The charge of the court is as follows.
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Appeal from an order refusing a new trial and from a judgment of conviction of the district court of the first district. The evidence was exceedingly voluminous and conflicting. The fact of Hancock’s doing the killing was testified to by an eye-witness, who was strongly contradicted by other eye-witnesses. The charge of the court is as follows. After defining murder in the two degrees, manslaughter, voluntary, and involuntary, the court said: “In all criminal prosecutions, and especially one of the grave charge that is made here, I instruct you that the presumption of innocence is to be borne…
1Opinion of the Court
Minee, J.:
The indictment in this case charges this defendant and two others with the murder of Henry Jones on the 24th day of April, 1858. It was found by the grand jury on the 8th day of March, 1890, or thirty-two years after the alleged crime had been committed. Defendant Hancock was tried separately. The record shows that on April 24th, 1858, the deceased, Henry Jones, was living with his mother, Hannah Jones, his brother, John Jones, and little sister, now Ellen H. Brown, in a small dug-out at Payson; that at this time Ellen was a child about five years of age. It appeared from Ellen’s…
2Cases cited19 opinions
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- People v. GarbuttMichigan Supreme Court · 1868
- Remsen v. . the PeopleNew York Court of Appeals · 1870
- People v. MeadMichigan Supreme Court · 1883
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
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3Cited by5 opinions
- State v. DowellIdaho Supreme Court · 1929
- State v. Van KuranUtah Supreme Court · 1902
- People v. BerlinUtah Supreme Court · 1894
- State v. BrownUtah Supreme Court · 1911
- State v. JuddUtah Supreme Court · 1929