Calton v. Utah
Citations
- 130 U.S. 83
- 9 S. Ct. 435
- 32 L. Ed. 870
- 1889 U.S. LEXIS 1728
Syllabus
<p>A statute of Utah provided that every person guilty of murder in the first degree shall 'suffer death, or, upon the recommendation of the fury, may be imprisoned at hard labor in the penitentiary for life, at the discretion of the court; Held,</p> <p>(1) That the authority given to substitute imprisonment at hard «labor in the penitentiary for life for the punishment by death, when the accused is found guilty of ,murder in the first degree, depends upon a previous recommendation to that effect by the fury;</p> <p>(2) That when a person is on trial charged with the commission of murder in the first degree, it is the duty of the court to inform the jury of their right, under the statute, to recommend imprisonment for life at hard labor in the place of the punishment of death; and that failure to do so is error.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Fifth Amendment due process requires government, upon defendant’s request, to disclose in time for trial any evidence in its possession both favorable to defendant and material to guilt or punishment
Source: CourtListener parenthetical corpus (CC0).
Judges: Harlan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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