United States v. West
Utah Supreme Court
Appeal from a judgment of conviction of the district court of the third district. Section 1024, Revised Statutes, provides: “When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined, instead of having several indictments the whole may he joined in one indictment in separate counts;…
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Appeal from a judgment of conviction of the district court of the third district. Section 1024, Revised Statutes, provides: “When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined, instead of having several indictments the whole may he joined in one indictment in separate counts; and if two or more indictments are found in such case the court may order them to be consolidated." See Gould and…
1Opinion of the Court
BlackbuRN, J.:
The defendant was indicted for two offenses, to-wit, bigamy and adultery, in one indictment in two counts. He did not demur to the indictment. He was convicted On both and sentenced on both charges. He appeals from the judgment, and assigns for error:
1. The uniting of two offenses in one indictment. This is untenable if the Territorial statute is applicable. It provides that this defect, if any, in the indictment must, be taken advantage of by demurrer. 2 Comp. Laws Utah, § 4972, subd. 3. If the Territorial statute is inapplicable, this indictment would be good under section…
2Cases cited2 opinions
- Kroer v. PeopleIllinois Supreme Court · 1875
- Fletcher v. PeopleIllinois Supreme Court · 1876
3Cited by5 opinions
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- State v. DurfeeUtah Supreme Court · 1930