[DOWNLOAD] "State Utah v. Jack Zeimer" by Supreme Court Of Utah " Book PDF Kindle ePub Free
eBook details
- Title: State Utah v. Jack Zeimer
- Author : Supreme Court Of Utah
- Release Date : January 05, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
McDONOUGH, Justice. From the granting of a new trial solely on the issue of whether he was an habitual criminal, and from
the instructions to the jury on that issue, defendant appeals. Defendant contends that the court cannot grant a new trial
solely on the issue of prior convictions because the jury which determines if a man is an habitual criminal must be the jury
which finds him guilty of the joined offense. 1 He asserts that the instructions, connoting a criminal offense, are prejudicial
error because 'habitual criminal' is not a crime, but only a status. 2 Zeimer was tried under an information alleging second degree burglary and alleging prior convictions and terms in state prisons.
The jury found him guilty of the burglary charge, but the court declared a mistrial during the subsequent proceeding on the
status of habitual criminal. The court ordered a new trial solely on the latter issue. The new trial was before a new jury
and resulted in a verdict determining that Zeimer was an habitual criminal.