Samuel Blatchford

Name: Ex parte Snow — Opinion of the Court
Author: Samuel Blatchford

Summary

“Ex parte Snow — Opinion of the Court”, is a work by Samuel Blatchford. It explores elements such as indictments, offense and the United States.

Quotes from Ex parte Snow — Opinion of the Court (Samuel Blatchford)

Samuel Blatchford, Ex parte Snow — Opinion of the Court

“ In the case at bar the statute provides that, if any male person shall thereafter cohabit with more than one woman, he shall, on conviction, be punished thus and so. The judgment in the case, taken in connection with the other proceedings in the record and the statute, shows, within the principle of Crepps v. Durden, that there was but one entire offense, whether longer or shorter in point of duration, between the earliest day laid in any indictment and the latest day laid in any. ”

[↩︎]

Source: Wikisource

Samuel Blatchford, Ex parte Snow — Opinion of the Court

“ The offense of cohabiting with more than one woman, in the sense of the section of the statute on which the indictments were founded, may be committed by a man by living in the same house with two women whom he had theretofore acknowledged as his wives, and eating at their respective tables, and holding them out to the world by his language or conduct, or both, as his wives, though he may not occupy the same bed or sleep in the same room with them, or either of them, or have sexual intercourse with either of them. ”

[↩︎]

Source: Wikisource

Samuel Blatchford, Ex parte Snow — Opinion of the Court

“ And this is a much stronger case than that which has been alluded to, of killing more hares than one on the same day. Killing a single hare is an offense; but the killing ten more on the same day will not multiply the offense or the penalty imposed by the statute for killing one. Here repeated offenses are not the object which the legislature had in view in making the statute, but singly, to punish a man for exercising his ordinary trade and calling on a Sunday. Upon this construction, the justice had no jurisdiction whatever in respect of the three last convictions. ”

[↩︎]

Source: Wikisource

Samuel Blatchford, Ex parte Snow — Opinion of the Court

“ If the act of parliament gives authority to levy but one penalty, there is an end of the question; for there is no penalty at common law. On the construction of the act of parliament the offense is 'exercising his ordinary trade upon the Lord's day,' and that without any fractions of a day, hours, or minutes. ”

[↩︎]

Source: Wikisource

Samuel Blatchford, Ex parte Snow — Opinion of the Court

“ There can be no doubt that the action of the district court, as set forth in its order and judgment refusing to issue the writ, was, so far as an appeal is concerned, equivalent to a refusal to discharge the petitioner on a hearing on the return to a writ ”

[↩︎]

Source: Wikisource

Samuel Blatchford, Ex parte Snow — Opinion of the Court

“ And it is further ordered, adjudged, and decreed that, at the expiration of the sentence and judgment as last above rendered on said indictment No. 742, said Lorenzo Snow be imprisoned in the penitentiary of Utah territory for a period of six months, and that he do forfeit and pay to the United States the sum of three hundred dollars, and the costs of this prosecution, and that he do stand committed into the custody of the U.S. marshal for said territory until such fine and costs be paid in full. ”

[↩︎]

Source: Wikisource

Samuel Blatchford, Ex parte Snow — Opinion of the Court

“ That, because the plaintiff had been convicted of one offense on that day, therefore the justice had convicted him in three other offenses for the same act. By law that is no justification. It is illegal on the face of it; and therefore, as was very rightly admitted by the counsel for the defendant in the argument, if put upon the record by way of plea, would have been bad, and on demurrer must have been so adjudged. ”

[↩︎]

Source: Wikisource

Samuel Blatchford, Ex parte Snow — Opinion of the Court

“ The grand jury of the United States for November term, 1885, in the district court of the First judicial district in and for the territory of Utah, on the fifth of December, 1885, presented and filed in that court, in open court, three several indictments, in the name of the United States, against Lorenzo Snow, each of them found December 2, 1885, designated as No. 741, No. 742, and No. 743. Each of them was founded on the foregoing statute, and they were alike in all respects, except that each covered a different period of time. No. ”

Samuel Blatchford

Summary

Quotes from Ex parte Snow — Opinion of the Court (Samuel Blatchford)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature