Eastern Utah advocate. [volume] (Price, Utah) 1895-1915, 1912-10-03

N'"t'h NHdI dWukt r. - huoi-
bourow OF tho criminal division OF
the Third District court. Salt Lake
City. had erred IN his instructions
to the trial jury and had thereby de
prived the defendant OF his statu-
tory defense OF reasonable doubt.
the state supreme court yesterday
reversed the district court In the
case OF Elmer l.. Dewey, convicted
OF the murder Of Police Sergeant
John Henry Johnston. and sentenced
to life imprisonment at hard labor
for his crime. The case Is remand
ed for a new trial. says Sundays
Salt Lake Tribune.
The specific instruction OF the
district Judge, which was bitterly
contested before the supreme court
by Attorney G. Stanley Price OF
Price. who defended Dewey. recited
that presumptively every killing a.
murder. This. contended Attorney
Price. shifted the burden OF proof
from the state to the defense and
was contrary to the constitution Of
the state. which presumed that
every man was innocent until proven
guilty.
Opinion of the Court.
The supreme court In ruling up
on the contention OF Attorney Price
aaid.
The charge that "prcsumptyely
every killing IL murder" was In
tended TO give the jury 20 under
stand that "prcsumptiyely" the kill
ing Of the deceased by the defend
ant was murder. regardless OF the
attending facts and circumstances
connected with the killing and
shown In evidence. and. In the Ian
guage OF the court, In the case OF
the People W.. Downs. supra, had
tho effect 10 shift the burden OF
proving his defense upon the pris.
oner aud deprived him ms TO that
defense OF tho benefit OF the rca
sonable doubt" and TO give the iur!
To understand that n conviction
must follow unless the prisonc
Justified or excused the act. an,
that TO secure acquittai he must b
abte 20 show n legal qualification o
excuse. and the jury must reaol
that conclusion II II would acqult.
In other words. notwithstanding
tho attendant facts and circum
stances shown In the evidence O
tho killing. the court. nevertheless
imposed upon the dcliberation O
tho jury the legal presumption ant
required them 20 assume murde
from the bare fact OF the killing O
tho deceased by the defendant
from which conviction woul
naturally follow unless the defend
ant. TO tho satisfaction OF the jury
had successfully met or oyercom
tho presumption. thus shifting an
casting on him not the burden q
evidence" but the burden G
proof" a doctrine repudlated by IN
vaooa case.
We think the judgment OF IN
court below should be reversed an
the case remanded for a now tria
Such II tho order.
The opinion was written by Jul
tiee ID. n. Straup and was eoncurre
In by Justice ]. y. Prick. JustiC
w. NJ. MeCarty concurred In N
general result. but dissented on
number OF the technical points a.
gued by his associates.
The crime for which Dewey va
convicted and after sensations
trial sentenced TO life imprlsol
ment at hard labor, occurred IN n
early morning OF July 9, 1911,
the room occupied by Dewey In N
Albert Hotel IN Salt Lake City.
The trial brought out that Dewe
and his wife had been having troI
BILE and adjoining roOmers had pr
vailed upon the clerk OF the hot
20 call the police 10 stop the d.
turbance. when Sergeant Johnsto
% entered the room there was sh,
from a pistol I'm the hand OF Dewe