| Show HARRIS T TT TO GET T NYI NEY TRIAl District Tribunal of Juab County Directed by Superior Superior Su Su- Body to Hear Case of Slaying Over Again Eugene Harris convicted in the district district dis dis- dis court of or Juab county of or murder in tho the s second cond degree and sentenced to twenty years ears Imprisonment in t the e eUtah Utah state slate prison is to have loVe a new trial The supreme court in an opinIon opinion opinion ion written by Justice A. A J. J Ve Weber r rand and handed down toda today reverses reveres the judgment of or the Jower lower court remands the case to the tho district court of or Juab county with directions to grant Tant him hima a new trial triai It will bo be recalled d that in n the summer sum tum- mer of or 1917 1911 Mrs Alice Harris Barris and her sons Leland and Eugene went we-nt to Trout creek In Juab county Utah Ulah and U took up some tome hay land which thereafter thereafter thereafter there there- after became came the Harris ranch Shortly Short Short- ly after entering upon the land J Jesse se H. H Cone rode to the ranch and in reply to an nn inquiry was told by bV Mrs Mra Harris that she had taken tho the place and Cone then told her that she had better move on CATTLE TRESPASS r t rIn tIn In the tho following Jul July Y o on n the their r r ri- ri lurn turp to the tithe ranch from a trip to town th they r they had left leet In the had been shut up in the cabin their wire tenc fences s cut and about head of cattle were pasturing on th their lr premises premise They about sixty head of or the tho cattle c. and later If learned that they belonged to Cone who called for them in a dry dy or two but declined d to pay damages spoke roughly to Mrs r I Harris declared d that he would take the cattle and that if any one InterI Interfered Inter Inter- feted he would kill kilt the whole family I I at the same time drawing his Run gun upon Eugene Harris From that date on his cattle were constantly trespassing trespass trespass- ing on the Harris ranch On June June- 20 1919 fifty 0 of Cones Cone's cattle w were re found in tho the hay fields of ot the Harris Barris ranch They had trampled down the tho grass and spoiled hay that had been bunched Cone was informed that afternoon b by Eugener Eu- Eu gener Harris IIams that some of or the cattle had been corralled and held for damages damages dam dam- ages an named ac accompanying accompanying ac- ac companying him Cone who was armed as ns usual beame beanie angry cursed and swore calling Eugene vile names and nd knocked him unconscious to the ground KILLS RANCHER On tho the Tuesday T following Cone again rode to the Harris Barris ranch accompanied accompanied ac ac- companied by several othe others IncludIng including including ing a deputy sheriff named Saby who upon request declined to disarm Cone abused Mrs Irs Harris IIams and attacked herby herby her herby by grabbing her nose nOlle and declaring that he would cripple her as her lIOn eon on had been crippled at which juncture Eugene Harris fearing for his mothers mother's life Ure as ns Cone reached for his pun Aun un shot Cone twice and in a few row minutes the victim was wall dead All this was brought out In evidence at tho the trial when with the mother Alice Harris and Edward were tried on a charge chargo of or murder in In 4 the first degree Ills His mother and Tack rack man were I and Eugene ugene was found guilty gunty as ns stated In h hs s opinion Justice Weber says soya that the the- evidence above aboe detailed Is to show that the were entitled to fair and full fun instructions Instruction on the subject of 01 self self defense defense which was one of or the defenses Interposed FAILS TO CHARGE A number of or Instructions were requested re requested re- re quested ted on the theory of or self defense Justice Weber says sas The requests covered covered cov cov- ered tred various subjects such as the general general gen gen- eral law of or self defense honest belief beUer in the ul existence tence of or imminent peril pern of or danger such belief beller to be on reasonable reasonable reasonable reason reason- able grounds that actual danger is not necessary ne that belief beUer and fear must be that of 01 a It reasonable man appearances ap ap- are to be judged at the time of 01 all aU the circumstances attending the killing the right of 01 the defendant to stand his ground the defense of or ofa a a a. I relative or member mc of or the family killing killIng killing kill kill- ing to prevent a felon felony against another reI er the defense of or habitation and oth other other oth- oth er essential factors pertaining to thoI the tho law Jawor of self Belt I The trial court wholly failed tailed to charge as to any of or these matters aU al though in the tho light of or the evidence deI defendants de de- de- de were entitled to at least 1 the I substance of at all of or them The court gave gae the jury jUr no explanation whatever of or the meaning of or the statute Its interpretation was left to the thc jur jury ORDERS REVERSE In concluding Justice Weber says I We think the Jury could readily rc un un from what was said by th the court about the two degrees degree of or that murder in in- the tho second degree p the unlawful killing of or a human be bet e jj If It J. J Continued Continued on page paso I 2 I J i lt HARRIS KARRIS TO GET ET NEW MEM TRIAl Continued from page 1 with malice aforethought thought but without deliberation In the absence of a request for a amore amore amore more more complete definition of murder in inthe the second degree the charge of the the court on the subject cannot be held tobe to tobe tobe be either insufficient or or incomplete It is not necessary to consider the question or grounds of the motion in reference to newly discovered evi evi- I dence The judgment of the lower c court courtis urt is reversed and the lower tower court is di directed directed directed di- di I to grant a new trial |
