| Show 0 4 I Mo n St i iI ifOR I fOR A t NEN tW T TRIAL IAL to I Petition fol lot I in 1 II Thc Court This liis Y Ir I II I CERTAI CERTAIN ERRORS ARE ALLEGED I 1 Stress laid rahl Upon of 1 Certain Juror uror In Making Mean Ica h hr r 1 I 1 i o y DISPUTE AS S TO ORAL TESTIMONY ORt 4 i or that fiat Errol Erro Wa as Iii Hul HulI I lug g I It Out Out attorneys s for Cor Pe Fe tom leI this afternoon fed filed In Inthe inthe the supreme cout court a petton Petition f for r a rl re rehearing hearing alleging certain errors on part Iatt of at the tho court In to he be In c certain testImony alleged to toIl tobe Il be to the interests ot of time tho p defendant Ind mind II in out certaIn oral testimony ot of gloat Importance to toLle Lle defence I In tIme the Irol place plc Ils It Is alleged that time tho court err d 1 ii Is its opinIon In holdIng that the tho jury jur the prem less of time the and the lag Ing territory during time the trial of oC thu Ihn were ivere not culy guilty of at la UI duct hid to tIme tho m ot of time the do by which n a tal fair anti ond due con of oC tho ho case was twos presented timid that time the court erred In bitt time tho lower lowel cOUrt dil did nt not In iii to allow time thA to In introduce meal eI llo In of oC the 1 01 on for I a new trIal It from time tho r that there thoro misconduct lint on ems n ac account count vt of tie tIme l anti strong senti time tho defendant officers who alone Iono possessed Sec the tho lt of the hul hind lc to fO Ilko voluntary hut but In colron on li lime dy day ot of tine tho to tea tos It Ih lime comm caul t co o In Ih their lr time the al re repeat repeat peat the M dr J tw Hit timid Hnry n with to 10 certaIn lile nude hy by ter tabs of the wll whIle viewing tile tho premises ot or letor Ieter Iho wih to certain R sal Im Improvements by sold lent Henry ten ln on time of oC tIme the said Wid d ater after lie ho WR taken In 10 custody ni on time tho against hi him 1 which 11 ig I I tho ho court I that tho he request to put pill certaIn on time the stand rOt for forthe the ot of testifying II ims to these timings was not alo allowed pt Time wih ni all Oue lue to time tha court tha lint t the and aM the bar barof o of tIme tho Ita state te lre entitled to Ilow know tinier what It if an aim orl oral Ivl 11 many b be In of oC oCa it a moton motion rot tor n a new trial on the tho grounds roun l of oC ml on the Iho hart ot of time tho jury We Ice like to know It continues or not there thero was apy nile conduct wily why I it did not Mt vitIate the tho verdict The Tho petItion further recies I 1 12 1 of oC the o of the State of at Utah Is os ne follows In inch Inal prosecutions the accused shall hl base ve the rIght to appear rind defend In per person son eon ammil by counsel to 10 demand time tho no ture and calico coue of oC lh time against him to a cl copy th thereof to 10 to testify In hh own I to IJO b by the hll to have Process to the Iho e ot of en 11 in hIs hh own behalf to hI unto it a I trIal by tin nn Jury JUI of oC the county it Ir distrIct In tte the offense Is to hern nail time the to tel In RI mill eases In rio no Inn Instance shall accused before final judgment Ite compelled to mane or Oon to occurs tIme rIme miot be to testify her husband nor a his not any imerson be Put In jeopardy In time 1 section G of the tion of the State of Is as TIme of this ConstItution ar and imy they are declared to be i I Section artIcle I of the out that time pro of 12 at time are by express tinny are to be ti There were no in section 12 or that the right of to he eon the witnesses who testify against him are or can be limit on It that such right is be waIved WC Ii submIt that two ions of the the of John C Sharp was Into tIme recerd considered by tile jury in arriving lit ft verdict against the nail tile right to be confronted i the tas a might nail not hem by tIm or imIs Our cactI is in mini the of states not thIs In the with force to time ho In this state Sn it vile the courts attention to ro vision lit fur rehearing time petition Ve a be In title ease nm nil points that thata a new trial be ur If tIm denIes a trial st thIs mr ste that tile le h granted mm nov in batons time dIstrict on nm lIon for a nest trial anti that at heistIng he permitted to Pm Ott the duet on mite or thus In cnn port cit hIs |
