Hopt v. People of Territory of Utah
Supreme Court of the United States
IN ERROR TO THE SUPREME COURT' OE THE TERRITORY OE UTAH. -The plaintiff in error and. one Emerson were jointly indicted in a court of Utah for the murder, in the first degree, of John E. Turner. Each defendant demanded a separate trial, and pleaded not guilty. Hopt being found guilty was sentenced to suffer death. The judgment was affirmed by the Supreme Court of the Territory.
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IN ERROR TO THE SUPREME COURT' OE THE TERRITORY OE UTAH. -The plaintiff in error and. one Emerson were jointly indicted in a court of Utah for the murder, in the first degree, of John E. Turner. Each defendant demanded a separate trial, and pleaded not guilty. Hopt being found guilty was sentenced to suffer death. The judgment was affirmed by the Supreme Court of the Territory. But, upon writ of error to this court, that judgment was reversed, and the case was remanded with instructions to order a new trial. Hopt v. People, 104 U. S. 631. Upon the next trial the defendant being found guilty…
1Opinion of the CourtJustice HaelaN
"We are now required to determine whether the court of original jurisdiction, in its conduct of the last trial, committed any error to the prejudice of the substantial rights of the defendant.
1. The validity of the judgment is questioned “ upon the ground that a part of tbe proceedings in the trial court were conducted in the absence of the defendant. ,
The Criminal Code of Procedure of Utah, § 218, provides that,
' “ If the indictment is for a fqiony, the defendant must be personally present at the trial; but if .for a misdemeanor, the trial may be had in the absence of the defendant; if,…
2Cases cited2 opinions
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