Legal Opinion

United States v. Baum

U.S. Circuit Court for the District of Utah

Decided April 6, 1896No. 10PublishedCited by 5 opinions

This was an indictment against Peter M. Baum for adultery, alleged to have been committed in Utah Territory. The case was heard on motion to dismiss- the prosecution.

1Opinion of the Court

MARSHALL, District Judge.

The defendant asks that this action he dismissed, on the ground that the law under which he was indicted ceased to operate when Utah ivas admitted as a state, or, as stated in the motion, “was repealed by the admission of Utah to statehood,” and that there is no law of the United States.now in force in Utah making the act charged against him a crime, or authorizing its punishment. On November 21, 1895, the defendant was indicted in one of the district courts of the then territory of Utah for the crime of adultery, charged to have been committed on the 25th of…

2Cases cited4 opinions

  1. Ex Parte Bollman and SwartwoutSupreme Court of the United States · 1807
  2. United States v. TynenSupreme Court of the United States · 1871
  3. Norris v. CrockerSupreme Court of the United States · 1852
  4. United States v. ThompsonU.S. Circuit Court for the District of Massachusetts · 1832

3Cited by5 opinions

  1. United States v. ChambersSupreme Court of the United States · 1934
  2. Ex parte HartDistrict Court, D. Oregon · 1907
  3. Southern Surety Co. v. StateSupreme Court of Oklahoma · 1912
  4. Tyndall v. GunterDistrict Court, D. Nebraska · 1987
  5. United States v. KukilaniDistrict Court, D. Hawaii · 1916

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