Clawson v. United States
Encyclopedia
Clawson v. United States, , was a case regarding a Utah territorial
statute
which authorized an appeal
by a defendant
in a criminal action
from a final judgment of conviction
, which provides that an appeal shall stay execution upon filing
with the clerk
a certificate
of a judge that in his opinion there is probable cause
for the appeal, and further provides that after conviction, a defendant who has appealed may be admitted to bail
as of right
when the judgment is for the payment of a fine only, and as matter of discretion
in other cases, does not confer upon a defendant convicted and sentenced
to pay a fine and be imprison
ed the right, after appeal and filing of certificate of probable cause, to be admitted to bail except within the discretion of the court.
The appellant, Rudger Clawson
, having been found guilty
by a jury
in the District Court
for the Third Judicial District of Utah, of the crimes of polygamy
and unlawful cohabitation
, charged in separate counts of the same indictment
, was sentenced, on the conviction for polygamy, to pay a fine of $0 and to be imprisoned for the term of three years and six months, and, on the conviction for unlawful cohabitation, to pay a fine of $0 and be imprisoned six months. From the whole of the judgment an appeal was taken to the supreme court of the territory
, and the judge before whom the trial
was had given a certificate that in his opinion there was probable cause thereof. The appeal was perfected and the certificate was filed in the proper office.
The defendant thereupon applied to the court in which he was sentenced to be let to bail pending his appeal. The application was denied, the order reciting that
The accused then sued out an original writ
of habeas corpus
from the supreme court of the territory. In his petition therefor, he stated that he was then imprisoned and in the actual custody of the United States marshal
for the territory at the penitentiary in the County of Salt Lake
. He also averred that upon the denial of bail by the court in which he was tried, "he was remanded to the custody of said United States marshal, who from thenceforth has imprisoned and still imprisons him" under said order of commitment, which "is the sole and only cause and authority" for his "detention and imprisonment," that "his said imprisonment is illegal" in that "he has been and is able and now offers to give bail pending his appeal in such sum as the court may reasonably determine," and that "as a matter of right and in the sound exercise of a legal discretion, the petitioner is entitled to bail pending the hearing and determination of said appeal."
The supreme court of the territory overruled the application for bail, and remanded the petitioner to the custody of the marshal. From that order the present appeal was prosecuted.
Utah Territory
The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah....
statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
which authorized an appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
by a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
in a criminal action
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
from a final judgment of conviction
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
, which provides that an appeal shall stay execution upon filing
Filing (legal)
In law, filing is the act of submitting a document to the clerk of a court for the court's immediate consideration, for storage in the court's files, or both. Courts will not consider motions unless an appropriate memorandum or brief is filed before the appropriate deadline...
with the clerk
Law clerk
A law clerk or a judicial clerk is a person who provides assistance to a judge in researching issues before the court and in writing opinions. Law clerks are not court clerks or courtroom deputies, who are administrative staff for the court. Most law clerks are recent law school graduates who...
a certificate
Certification
Certification refers to the confirmation of certain characteristics of an object, person, or organization. This confirmation is often, but not always, provided by some form of external review, education, assessment, or audit...
of a judge that in his opinion there is probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
for the appeal, and further provides that after conviction, a defendant who has appealed may be admitted to bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
as of right
Right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
when the judgment is for the payment of a fine only, and as matter of discretion
Judicial discretion
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence...
in other cases, does not confer upon a defendant convicted and sentenced
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
to pay a fine and be imprison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
ed the right, after appeal and filing of certificate of probable cause, to be admitted to bail except within the discretion of the court.
The appellant, Rudger Clawson
Rudger Clawson
Rudger Judd Clawson was a member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints from 1898 until his death in 1943...
, having been found guilty
Guilty
Guilty commonly refers to the feeling of guilt, an experience that occurs when a person believes that they have violated a moral standard.Guilty or The Guilty may also refer to:-Law:*Guilty plea, a formal admission of legal culpability...
by a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
in the District Court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
for the Third Judicial District of Utah, of the crimes of polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
and unlawful cohabitation
Cohabitation
Cohabitation usually refers to an arrangement whereby two people decide to live together on a long-term or permanent basis in an emotionally and/or sexually intimate relationship. The term is most frequently applied to couples who are not married...
, charged in separate counts of the same indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
, was sentenced, on the conviction for polygamy, to pay a fine of $0 and to be imprisoned for the term of three years and six months, and, on the conviction for unlawful cohabitation, to pay a fine of $0 and be imprisoned six months. From the whole of the judgment an appeal was taken to the supreme court of the territory
Utah Supreme Court
The Utah Supreme Court is the supreme court of the state of Utah, USA. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three justices. All justices are appointed by the governor...
, and the judge before whom the trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
was had given a certificate that in his opinion there was probable cause thereof. The appeal was perfected and the certificate was filed in the proper office.
The defendant thereupon applied to the court in which he was sentenced to be let to bail pending his appeal. The application was denied, the order reciting that
- "The court being of the opinion that the defendant ought not to be admitted to bail after conviction and sentence unless some extraordinary reason therefor is shown, and there being no sufficient reason shown in this case, it is ordered that the motion and application for bail be and the same is hereby denied, and the defendant be remanded to the custody of the United States marshal."
The accused then sued out an original writ
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court...
of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
from the supreme court of the territory. In his petition therefor, he stated that he was then imprisoned and in the actual custody of the United States marshal
United States Marshals Service
The United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...
for the territory at the penitentiary in the County of Salt Lake
Salt Lake County, Utah
Salt Lake County is a county located in the U.S. state of Utah. It had a population of 1,029,655 at the 2010 census. Its county seat and largest city is Salt Lake City, the state capital. It occupies Salt Lake Valley, as well as parts of the surrounding mountains, the Oquirrh Mountains to the west...
. He also averred that upon the denial of bail by the court in which he was tried, "he was remanded to the custody of said United States marshal, who from thenceforth has imprisoned and still imprisons him" under said order of commitment, which "is the sole and only cause and authority" for his "detention and imprisonment," that "his said imprisonment is illegal" in that "he has been and is able and now offers to give bail pending his appeal in such sum as the court may reasonably determine," and that "as a matter of right and in the sound exercise of a legal discretion, the petitioner is entitled to bail pending the hearing and determination of said appeal."
The supreme court of the territory overruled the application for bail, and remanded the petitioner to the custody of the marshal. From that order the present appeal was prosecuted.
External links
- 113 143 Justia.com
- 114 U.S. 477, 5 S.Ct. 949, The RJ&L Religious Liberty Archive, The Religious Institutions Group (full case text)