018

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Gina Strack (Utah State Archives) at Apr 19, 2023 05:24 AM

018

Page 18

Also the said charge and instructions of
the Court so given upon its own motion
is erroneous because it does not pretend
to separate the facts from the law-
nor can it be derived from said charge
what portion is given as law and what
is given as a recital of the alleged facts
in said case-and the facts and law being
mixed and mingled as they are-makes
the said charge and each and every
part thereof defective, objectionable,
and eroneous-and the same taken as a whole
mislead the Jury, and tended to and did
prevent the Defendant from having a fair
trial in said cause.

Wm. W. Bishop
J. C. Foster and
Wells Spicer
Attorneys for
John D. Lee, Defendant

018

Page 18

Also the said charge and instructions of
the Court so given upon its own motion
is erroneous because it does not pretend
to separate the facts from the law-
nor can it be derived from said charge
what portion is given as law and what
is given as a recital of the alleged facts
in said case-and the facts and law being
mixed and mingled as they are-makes
the said charge and each and every
part thereof defective, objectionable,
and eroneous-and the same taken as a whole
mislead the Jury, and tended to and did
prevent the Defendant from having a fair
trial in said cause.

Wm. W. Bishop
J. C. Foster and
Wells Spicer
Attorneys for
John D. Lee, Defendant