Bill of exceptions of John D. Lee

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The prosectution then rested its case.

The defendant offered no evidence and the case was closed. The foregoing being all of the evidence that was introduced upon the trial of the said John D. Lee Defendant herein -

Now on the 18th day of September AD 1876, after all of the testimony had been adduced and the case rested.

The Defendant moved the Court in writing to quash and dismiss all further proceedings in this case and discharge the said John D. Lee Defendant - upon the grounds that the Statute under which the indictment herein had been formed - is repealed.

(Here insert motion -

The Court declined the motion and ordered the Cause to proceed - To which ruling and order of the Court the defendant then and there excepted.

The Cause was then argued by Counsel for prosecution and defendant, after which the defendant by leave of the Court submitted the following instructions with the request that the Court give the same to the Jury, as the law in the case

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which instructions were as follows,

(Here insert defendants instructions refused.)

The Court refused to give the said instructions - to which refusal the defendant then and there excepted -

The Court at the request of the Counsel for the prosecution gave the following instructions -

(Here insert all instructions marked "given" as presented by prosecution)

To the giving of each and every of said instructions the defendant then and there excepted -

The Court then upon its own motion instructed the Jury as follows -

(Here insert Charge and instructions of the Judge -

To the giving of which and every part thereof the defendant then and there excepted -

The offices of the Court were then sworn and the Jury placed in their charge and reitred to deliberate upon their verdict -

After due deliberation the said Jury returned into Court and submitted the following as their verdict in the said cause -

(Here insert verdict -)

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Wherefore by reason of the law and the premises the Defendant moves the Court for an arrest of Judgement and for a new trial herein -

Upon the following grounds - to wit =

First

Because the Court erred in sustaining the demurrer to the first and second pleas of defendant - made to the indictment herein - The said demurrer not being well taken -

Second

The Court erred in sustaining the replication of prosecution to the third Plea of defendant and in refusing to sustain the traverse of defendant to said replication because said Plea was true and well pleaded and said replication was untrue and not supported by evidence - and There being no evidence introduced in relation thereto for the Court to act upon it erred in making any ruling upon the same in the absence of testimony.

Third

The Court erred in amending the minutes of the Court relating to the presenting and filing of the indictment herein - Because the minutes had been made at a former term of said Court and the Court had lost all jurisdictions after them -

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by reason of the expiration of the term at which said minutes and entries were made and without such minutes there was no legal indictment before the Court upon which the said defendant could be tried.

Fourth

The Court erred in overruling the motion made by defendant to quash and dismiss, and discontinue all further proceedings in this case - and discharge the defendant because the Statute under which the alleged crime had been committed and the indictment in this case [found?] had been repealed prior to the commencement of the said trial herein - and because the court cannot pronounce Sentence of death upon the defendant as provided in the Statute in force at the time of finding the indictment herein and the Statute which went into force on the 4th day of March AD 1876 and is still in force, while it provides that the punishment for murder in the first degree shall be death - it neither provides that the party convicted shall be shot beheaded or hung or in any other manner put to death - and provides no way for carry up the Sentence

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of the Court into executions - and therefore the Court cannot select a mode for executing the defendant and the Court has no further jurisdiction of the cause herein -

Fifth

That there is not sufficient evidence under the law to justify the verdict - In this the evidence rests solely upon the evidence of confessed accomplices, and the same is not corroborated by legal evidence aside from that of the said accomplices coroborating each other -

Sixth -

That the verdict is contrary to and unsupported by legal evidence - in this that there is no evidence of the commission of the alleged crime aside from that of accomplices and accessories thereto.

Seventh

The Court erred in refusing the instructions asked by defendant. Because said instructions as asked by the defendant and refused by the Court condemmed the law

Eighth -

The Court erred in giving the Instructions asked for by the counsel for the