Legal Opinion

State v. James

Utah Supreme Court

Decided March 23, 1907No. 1722PublishedCited by 12 opinions

Appeal from District Court, First District; W. W. Maughan, Judge. William J. James was convicted of incest, and appeals. STATEMENT OF PACTS. The defendant was informed against in the First judicial district court, sitting at Logan, Utah, for the crime of incest.

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Appeal from District Court, First District; W. W. Maughan, Judge. William J. James was convicted of incest, and appeals. STATEMENT OF PACTS. The defendant was informed against in the First judicial district court, sitting at Logan, Utah, for the crime of incest. The information upon which he was tried is, so far as material here, as follows: “That the said William J. James, on or about the 11th day of October, A. D. 1904, at the county of Cache, in the state of Utah, being, and well knowing himself to be, then and there the uncle of one Isabell James, and well knowing the said Isabell James…

1Opinion of the CourtMcCABTY, C. J.

(after stating the facts). The section of the statute (section 4211, Rev. St. 1898) creating and defining the offense of which the defendant stands convicted, so far as material here, reads as follows:

*157“If any person related to another person within and not including the fourth degree of consanguinity, computed according to the rules of the civil law, shall marry or cohabit with, or have sexual intercourse with, such other so related person, knowing her or him to he within said degree of relationship, the person so offending shall he deemed guilty of incest.”

It is contended that the…

2Cases cited4 opinions

  1. Bergen v. PeopleIllinois Supreme Court · 1856
  2. People v. KaiserCalifornia Supreme Court · 1897
  3. State v. SpencerUtah Supreme Court · 1897
  4. Hicks v. PeopleMichigan Supreme Court · 1862

3Cited by12 opinions

  1. State v. ErwinUtah Supreme Court · 1941
  2. State v. LayUtah Supreme Court · 1910
  3. State v. SchoenfeldUtah Supreme Court · 1976
  4. State v. TuckerIndiana Supreme Court · 1910
  5. State v. BaumUtah Supreme Court · 1915

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