State v. Mannion
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County, Hon. A. G. Norrell, Judge. Defendant was convicted of the crime of assault with intent to commit rape.
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Appeal from the Third District Court, Salt Lake County, Hon. A. G. Norrell, Judge. Defendant was convicted of the crime of assault with intent to commit rape. On the trial, when the prosecuting witness was testifying, the presiding judge ordered defendant from the presence of the witness, and ordered him to take a seat in a part of the court room away from the jury and witness where he could neither hear said witness nor could he see her nor the jury while she was so testifying. Defendant appeals from the conviction and judgment entered thereon,.upon the ground that he was absent and out of…
1Concurrence
Baetoh, O. J.,
concurring in the judgment.
I concur in the judgment of reversal, but not in all of the reasoning, nor in all of the propositions of law laid down in the opinion. If the statements purporting to have been made by the court below, contained in the attorney-generaPs brief, as to what took place immediately preceding the order complained of, and those indicating the circumstances connected with the making of the order, were in the bill of exceptions, I would dissent, but as they are not in the record, and since the' record, as filed in this court, must be held to import absolute…
2Cases cited4 opinions
- Mattox v. United StatesSupreme Court of the United States · 1895
- Summons v. StateOhio Supreme Court · 1856
- People v. OilerCalifornia Supreme Court · 1884
- Westfall v. Madison CountySupreme Court of Iowa · 1883