6 Utah 347 | Utah | 1890
This is an application for a writ of mandate directing the defendant to proceed to sentence one Pardon Dodds for the crime of voluntary manslaughter, of which he stands convicted in the first district court. The case is brought to hearing upon a return made by the defendant to an alternative writ heretofore issued, from which it appears that in February, 1889, the said Pardon Dodds was indicted for the crime of murder; that he was arraigned,
Ample authority is vested in tbe court by tbe statutes of tbe territory and rules of practice to set aside verdicts for errors or want of proof to support them; but this power was not invoked in this case, and Dodds stood convicted before tbe court of tbe crime of voluntary manslaughter by a verdict which was in full force and effect. After conviction tbe trial court may, undoubtedly, suspend judgment temporarily, for stated periods, from time to time. It may be proper to do so to allow tbe defendant time to move for a new trial, to perfect an appeal, to present a petition for pardon, and to allow tbe court time to consider and determine tbe sentence to be imposed. People v. Reilly, 53 Mich. 260, 18 N. W. Rep. 849; Whart. Crim. Pl. Sec. 913; Com. v. Dawdican, 115 Mass. 133; State v. Addy, 43 N. J. Law, 113. But when a defendant stands