Thiede v. Utah Territory

Citations

• 159 U.S. 510
• 16 S. Ct. 62
• 40 L. Ed. 237
• 1895 U.S. LEXIS 2316

Syllabus

<p>It is not error in Utah to proceed to trial of a person accused of murder before the filing of the transcript of the preliminary examination had under the Compiled Laws of Utah, § 1883.</p> <p>The provision in Rev. Stat. § 1033, that the defendant in a capital case is entitled to have delivered to him at least two entire days before the trial a copy of the indictment and a list of the witnesses to be produced on the trial does not control the practice and procedure of the local courts of Utah.</p> <p>In Utah a juror in a capital case who states on his voir dire that he had read an account of the homicide in the newspaper and formed some impression touching It, but that he could lay that aside and try the ease fairly and impartially on the evidence, is not subject to challenge for cause.</p> <p>A juror is not subject to challenge for cause in a criminal proceeding against a saloon keeper for homicide, who states on his voir dire, that he has a prejudice against the business of saloon keeping, but none against the defeudant, whom he does not know.</p> <p>When the relations between a defendant, charged with murdering his wife and the wife are to be settled, not by direct and positive but by circumstantial evidence, any circumstance which tends to throw light thereon may be fairly admitted in evidence.</p> <p>The order in which testimony shall be admitted is largely within the discretion of the trial court.</p> <p>When the court rules correctly that certain matters are not proper subjects of cross-examination, and notifies the questioning party that he can recall the witness and examine. him fully in reference to those matters, and he fails to recall him or introduce testimony thereon, he has no grounds of complaint.</p> <p>The credibility of a female witness cannot De impeached by asking her whether she has not had some difficulty with her husband.</p> <p>When the defendant in a criminal case consents that a member of the jury shall act as interpreter for a witness