United States v. Musser
Utah Supreme Court
United States v. Camion ante p. followed. Appeal from a judgment of tbe district court of the third district and from an order refusing- a new trial. Tbe facts are stated in tbe opinion of tbe court. Tbe remarks made by tbe district attorney prevented defendant from having a fair trial. We refer to the following authorities to show: First. That it was 'a wrong for which we bad tbe right to a new trial. Second. That there is no cure: Peoples.
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United States v. Camion ante p. followed. Appeal from a judgment of tbe district court of the third district and from an order refusing- a new trial. Tbe facts are stated in tbe opinion of tbe court. Tbe remarks made by tbe district attorney prevented defendant from having a fair trial. We refer to the following authorities to show: First. That it was 'a wrong for which we bad tbe right to a new trial. Second. That there is no cure: Peoples. Wolcott, 51 Mich. 615: State v. Kring, 2 Am. Or. Law Eep. 314; Slate v. Smith, 1 Am. Or. Law Eep. 581; Fergusonv. State, 1 Am. Cr. Law Eep. 582; State v.…
1Opinion of the Court
Zane, C. J.:
Tbe defendant was indicted for unlawful cohabitation with Belinda Pratt Musser, May Musser and Annie Seg-miller McCullough Musser, to which indictment he pleaded not guilty. The issue was tried by a jury, who found him guilty as charged; a motion for a new trial was overruled and he appealed to this court. On the trial the defendant, by his counsel, alleged errors of law and of fact. The more important of the former was made by the court, it is claimed, in defining the crime of which the defendant was convicted.
The offense is described in the third section of “An act to amend…
2Cases cited3 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Thayer v. ThayerMassachusetts Supreme Judicial Court · 1869
- Calef v. CalefSupreme Judicial Court of Maine · 1867
3Cited by7 opinions
- State v. HaworthUtah Supreme Court · 1902
- State v. BarlowUtah Supreme Court · 1944
- People v. ChadwickUtah Supreme Court · 1891
- People of the Territory v. ThiedeUtah Supreme Court · 1895
- State v. JessupUtah Supreme Court · 1940
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