1 Utah 11 | Utah | 1876
delivered the opinion of the Court:
Upon the trial of this cause in the Court below, we find the following bill of exceptions was taken, a proper construction and understanding of which will most fully and clearly settle all the points and questions raised in this case, to-wit:
“Be it remembered that on.the trial of this cause A. W. Babbitt, Esq.-, Attorney for the prisoner, moved to quash the indictment on the ground that the Jury who found the Bill of Indictment was not taken from the body of Great Salt Lake County, but from the First Judicial District of the Territory of Utah, which motion the Court overruled, holding and deciding that although" the crime charged in the indictment- was against the laws of the Territory of Utah, and the Court was doing Territorial business, yet its jurisdiction-was co-exten-' sive with the District, and the Grand Jury had a right to inquire into the violations of the Criminal Laws of the .Territory within the said First Judicial District. , To which the defendant excepted and prays the .Court sign and seal this Bill of Exceptions, which is'accordingly done.-' . . - . -1 J. F. Kinney-, Judge.
Nov. 2d,1855. . .. First District.”.
The Counsel for the appellant in his argument seemed to be quite zealous in obtaining a decision from this Court in favor of the enactments of the Utah Territorial Legislature, and insisted on a decision on the Territorial Laws in this case under the provisions and spirit of .See. 6 of the Organic Act of this Territory. That part of the section relied on reads as follows: “And be it further enacted that the Legislative power of said Territory shall extend to all rightful subjects of Legislation consistent with the Constitution of the United States and the. pro
The Appellant relied some little upon some other authorities,-as quoted and referred to in. this, opinion; ‘but as we deem them wholly inapplicable to the questions at issue herein, a reference to-or a discussion of them is deemed wholly useless.
True it is that there was another bill of exceptions in tlie case, made after the verdict of the Petit Jury was received, and to the same tenor and effect of the .one already so fully discussed, and as the same doctrine and same ruling, must forcibly apply to a Petit Jury as to qualifications, age and vicinage, as to a Grand Jury, we deem it unnecessary to say. anything farther, on' the subject of either Grand or Petit Jurors, other than to say that as. the jurisdiction, of the United States District Judges, is equal and co-extensive with their Districts, if is proper and right to.select both from the. body of the entire District. And tire force of this pule and:argument is the more apparent when it is/a/fact notorious that there are many unorganized'counties in this Territory, and many others organized” with a 'population Xqq femáir and few' iii numbers'to..obtain a: Grand .Jury of twenty-three, and a Petit Jury of twanty-four. competent ¡men. ,The'reasoning of .the'.Counsel for the Plaintiff in Fftor might, apply.'with force and.witality.to;the..P.cobate
Judgment affirmed.