69 P. 70 | Utah | 1902
The appellant, having been convicted upon an information charging him with the larceny of a calf, appeals from the judgment of conviction.
A venire for twenty jurors was duly issued for the May term of court, nineteen of whom were duly summoned. Seven of the number did not attend at the first day of the term because they had been excused by an order of the judge at chambers, which order was duly entered on the first day of the term. Twelve jurors appeared, and, before the panel was completed for the trial of the defendant, a new venire was ordered. The defendant thereupon interposed a challenge to the panel on the ground that the court had no power to excuse the jurors except during the term at which they were summoned to attend.
1. Section 681, Revised Statutes, provides that judgments and orders of the district court may be entered either in term time or vacation. Section 712 provides that a judge may exercise, out of court, all powers expressly conferred
2. Mr. Droubay, the owner of the property in question, was called by the prosecution, and gave testimony concerning the ownership and loss of the calf and as to the admission of the defendant to the effect that he had stolen it. After an exhaustive cross-examination, he testified that he resided on his ranch a part of the time and part of the time in the city; that he was a- man of family. He was then asked if his wife resided in Tooele City, and where the children resided.
3. It is urged by appellant that the court erred in its
The testimony was somewhat conflicting, but, aside from the evidence of the confession and admissions of the defend
4. The instruction given to the effect that the value of
After an examination of all the assignments of error contained in the record, we have come to the conclusion and find that there is no reversible error therein.
The judgment of the district court is affirmed.