Legal Opinion

State v. Cluff

Utah Supreme Court

Decided June 29, 1916No. 2826PublishedCited by 22 opinions

Appeal from District Court, Fifth District; lion. Joshua Greenwood, Judge. Jesse M. Cluff was convicted of adultery, and he appeals.

1Opinion of the CourtStraup, C. J.

1, 2 ' The defendant was convicted of adultery, and appeals. By statute (Comp. Laws 1907, Sec. 4834) a juror’s relation by “consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged, or on whose complaint the prosecution shall have been instituted, or to the defendant,” is cause of challenge for implied bias. A juror was called whose daughter was married to a brother of the female with whom it was charged the adulterous act was'committed. The defendant’s challenge of the juror for implied bias was overruled. Complaint is made of the ruling.…

2Cases cited2 opinions

  1. Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
  2. Tegarden v. PhillipsIndiana Court of Appeals · 1895

3Cited by22 opinions

  1. State v. SiddowayUtah Supreme Court · 1922
  2. State v. BrooksUtah Supreme Court · 1977
  3. State v. FreemanUtah Supreme Court · 1937
  4. State v. NealUtah Supreme Court · 1953
  5. Littledike v. WoodUtah Supreme Court · 1927

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