United States v. Miles
Utah Supreme Court
Appeal from tbe Third Judicial District Court. When the jury was called in the case, those who belonged to and were members of the Mormon Church, were asked if they believed in the doctrine of polygamy, and they answered that they did, but that they would agree to enforce the law against it. That they believed that polygamy came from God, and that God’s law was the higher law. Whereupon they were severally excluded from the jury by triers appointed by the court.
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Appeal from tbe Third Judicial District Court. When the jury was called in the case, those who belonged to and were members of the Mormon Church, were asked if they believed in the doctrine of polygamy, and they answered that they did, but that they would agree to enforce the law against it. That they believed that polygamy came from God, and that God’s law was the higher law. Whereupon they were severally excluded from the jury by triers appointed by the court. The court was asked to instruct the jury that Cai*-oline Owen, the person with whom the second marriage was alleged to have taken…
1Opinion of the CourtBoeemah, Justice
The appellant was indicted and convicted of the crime of bigamy, and from the judgment in this respect he has appealed to this court.
*22Tile first assignment of error was that “ the court erred in allowing the attorney for the United States to ask the jurors or any of them if they believed in polygamy, or that he or they belonged to the Mormon Church, or allowing any question as to the religious belief of any juror.”
The “ criminal procedure ” act says that a particular cause of challenge is “ for the existence of a state of mind on the part of the juror, which leads to a just inference, in…
2Cases cited9 opinions
- Clinton v. EnglebrechtSupreme Court of the United States · 1872
- Williams v. StateSupreme Court of Alabama · 1875
- Langtry v. StateSupreme Court of Alabama · 1857
- State v. HodgskinsSupreme Judicial Court of Maine · 1841
- Arnold v. StateSupreme Court of Georgia · 1875
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wasy v. StateIndiana Supreme Court · 1955
- Clearwater v. StateWyoming Supreme Court · 2000
- State v. MooreUtah Supreme Court · 1909
- Rubey v. WoodUtah Supreme Court · 1962
- Hammond v. CalderUtah Supreme Court · 1959
1 more not listed; retrieve them via the Exa API.