Public-domain · open source
OpenJurist

3 Utah 425

People v. Smith

Utah Supreme Court

Decided June 15, 1884

Utah Supreme Court · decided 1884-06-15

The transcript on appeal contained several affidavits, which the defendant’s counsel in their brief claimed disclosed new evidence material on a retrial; but the affidavits were not embodied in any bill of exceptions, or otherwise identified as having been used on the motion for a new trial, and no bill of exceptions was taken.

Decided 1884-06-15

Emerson, J.:

¶1The 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.

¶2No 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.
/3/utah/425 · .json · Public domain