Acts, Resolutions, and Memorials Passed at the ... Annual, and Special Sessions, of the Legislative Assembly of the Territory of UtahBrigham H. Young, Printers, 1878 |
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action allowed amended answer appear application appoint Approved arraignment arrest assessed authority bail bench warrant cause certified challenge CHAPTER charge City Clerk Collector commission committed Compiled Laws conviction copy corporation Council counsel County Court criminal custody death defendant defined deliver depositions determined direct discharged dismissed District Duty effect election entered evidence examination Exceptions execution fact felony filed five give given Governor Grand Jury ground guilty held hereby hundred indictment insane issue Judge judgment Jurisdiction Juror Justice land Magistrate manner ment motion necessary notice oath objection officer party peace person plea Pleading present proceed Proceedings proper Prosecuting Attorney public offense punished question reason received record removed rendered Section served sufficient taken Territory testimony thereof tion trial tried undertaking unless verdict vote warrant witness
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Sivu 127 - Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5.
Sivu 94 - In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff shall establish on the trial that it was so published or spoken.
Sivu 61 - ... either in person or by counsel, cross-examined or had an opportunity to crossexamine the witness...
Sivu 100 - If the motion is granted, the court must order that the defendant, if in custody, be discharged therefrom; or, if admitted to bail, that his bail be exonerated; or, if he has deposited money instead of bail, that the same be refunded to him, unless it directs that the case be resubmitted to the same or another grand jury...
Sivu 111 - Standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or in his employment on wages.
Sivu 126 - The granting of a new trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evidence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment.
Sivu 82 - If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe the defendant guilty thereof...
Sivu 124 - If the jury persist in finding an informal verdict, from which, however, it can be clearly understood, that their intention is to find in favor of the defendant, upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given, unless the jury expressly find against the defendant, upon the issue, or judgment be given against him on a special verdict.
Sivu 149 - The court to which the committing magistrate returns the depositions, or in which an indictment, information, or appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order entered upon its minutes, direct the arrest of the defendant and his commitment to the officer to whose custody he was committed at the time of giving bail, and his detention until legally discharged, in the following cases: 1.
Sivu 82 - If, after hearing the proofs, it appears either that no public offense has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense, the magistrate must order the defendant to be discharged, by an indorsement on the depositions and statement, signed by him, to the following effect: "There being no sufficient cause to believe the within named AB guilty of the offense within mentioned, I order him to be discharged.