People v. Smith

Utah Supreme Court
People v. Smith, 3 Utah 425 (Utah 1884)
Emerson, Hunter, Twiss

People v. Smith

Opinion of the Court

Emerson, J.:

The defendant was convicted of the crime of robbery. A motion for a new trial was made, which was denied. This appeal is from the order denying a new trial.

No bill of exceptions, as provided by section 313 of the criminal code, was ever prepared or settled. In the absence of a bill of exceptions, this court will not review the action of the trial court on a motion for a new trial. A recital in the order’ that exception was taken will not suffice, but the bill must be taken. There being no error complained of in the judgment-roll, and none appearing, the judgment is affirmed.

Hunter, C. J., and Twiss, J., concurred.

Reference

Full Case Name
THE PEOPLE v. SMITH
Cited By
1 case
Status
Published