People v. Pettit
Decision Date | 29 June 1887 |
Citation | 5 Utah 241,14 P. 337 |
Court | Utah Supreme Court |
Parties | THE PEOPLE OF THE TERRITORY OF UTAH, RESPONDENT, v. ANDREW PETTIT, APPELLANT |
APPEAL from a judgment of the district court of the third district and from an order refusing a new trial. The opinion states the facts.
Affirmed.
Mr. H R. Watrous and Mr. W. W. Woods, for appellant.
Mr George S. Peters, for respondent.
The defendant was convicted in the district court of the crime of grand larceny. Motion for new trial was made and denied. The defendant was sentenced, and he now appeals to this court from the order denying his motion for a new trial, and from the judgment. The only complaint made here is that the court erred in charging the jury. No bill of exceptions was settled or signed by the trial judge, and no statement on motion for new trial was made. The record shows that the defendant filed with the clerk in the court below a paper, which was entitled "Bill of Exceptions," which purports to contain the substance of the testimony on the trial and the charge of the court, but this bill was never signed or settled. The record discloses no written requests to charge the jury, but the part of the charge complained of is said to be contained in the general charge of the court, which was delivered orally and taken by the court stenographer.
The appellant claims that under section 315 of the criminal practice act of 1878 (Laws 1878, p. 126), he can have the benefit, on this appeal, of objections to the charge without settling a bill of exceptions or statement on motion for new trial; that the stenographer's minutes transcribed are a part of the record, and, as such, can be reviewed on appeal. The section referred to is as follows:
Section 284 of the criminal practice act (Laws 1878, p. 120) provides that "either party may present to the court any written charge, and request that it be given. If the court think it correct and pertinent, it must be given; if not, it must be refused. Upon each charge presented, and given or refused, the court must indorse and sign its decision.
These provisions of the statute are intended to give to a party the...
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...in the record or bill of exceptions. Whipple v. Preece, 18 Utah 454; U.S. v. Duggins, 11 Utah 430; People v. March, 11 Utah 432; People v. Pettit, 5 Utah 241; Revised Sec. 3286; Evans v. Jones, 10 Utah 182; Flint v. Nelson, 10 Utah 261; Perego v. Dodge, 9 Utah 3; People v. Smith, 3 Utah 425......
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United States v. Duggins
...for review by a bill of exceptions duly settled and allowed. This question is fully considered and decided in the case of People v. Pettit, 5 Utah 241, 14 P. 337. adhere to the rule laid down in that case. In fact, our statutes on the subject are so plain as to leave no room for discussion.......