State v. Mannion
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. A. G. Norrell, Judge. Defendant was convicted of the crime of assault with intent to commit rape.
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Appeal from the Third District Court, Salt Lake County, Hon. A. G. Norrell, Judge. Defendant was convicted of the crime of assault with intent to commit rape. On the trial, when the prosecuting witness was testifying, the presiding judge ordered defendant from the presence of the witness, and ordered him to take a seat in a part of the court room away from the jury and witness where he could neither hear said witness nor could he see her nor the jury while she was so testifying. Defendant appeals from the conviction and judgment entered thereon,.upon the ground that he was absent and out of…
1Opinion of the CourtMiijek, J.
The defendant was convicted of the crime of an assault with intent to commit a rape upon one Anna Bell Low. It appears from the record that the prosecutrix upon whom the alleged offense was attempted was about six years old, and when she was sworn, and before giving any testimony, stated in the presence of the court and jury, as follows: “I am afraid to tell, because I am afraid of my papa; ” meaning the defendant. The defendant was at this time sitting with his counsel in front of the witnes and jury, and the court thereupon, without further testimony or cross-examination of the witness,…
Also in this document: Concurrence.
2Cases cited4 opinions
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Lewis v. United StatesSupreme Court of the United States · 1892
- State v. . ThomasSupreme Court of North Carolina · 1870
- State v. MyrickSupreme Court of Kansas · 1888
3Cited by40 opinions
- Maryland v. CraigSupreme Court of the United States · 1990
- State v. AndersonUtah Supreme Court · 1980
- State v. BrooksUtah Supreme Court · 1981
- State v. SheppardNew Jersey Superior Court Appellate Division · 1984
- Wildermuth v. StateCourt of Appeals of Maryland · 1987
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