Emery County Progress | 1908-04-11 | Page 1 | Webb Creen. Convicted of a Felony, Gets New Trial

WEBB GREEN CONVICTED OF A FELONY GETS HEW webb green the mt pleasant beau brummel is to have a new trial by the grace of the state supreme court and a little indiscretion by judge enoksen the evidence in the case shows that green was co evicted of statutory offense with one madge morey s niece it being that he at the time was a married man representing one grace D green as h wife the state was unable to prove by document ary evidence or that said grace D green was the wife of defend ant but the trial justice admitted evid ence tending to show that green had held out said grace D green for years ind years as his wife and that the two had s ened deeds transferring property as man and wife and that therefore the presumption was they were married the trial justice stated his opinion to the jury as to the weight and effect of the evidence submitted and instructed the jury accordingly i I 1 the supreme court opinion holds this was done in error saying we know of no rule of law which permits a judge to express his opinion in the presence of the jur as to the weight of evidence on a ed question of fact bit b it authorities hold that so to do is an