WILKERSON V. UTAH, 99 U. S. 130 (1878)

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U.S. Supreme Court

Wilkerson v. Utah, 99 U.S. 130 (1878)

Wilkerson v. Utah

99 U.S. 130


The legislative act of Utah, passed March 6, 1862, provides that a person convicted of a capital offense "shall suffer death by being shot, hanged, or beheaded," as the court may direct, or "he shall have his option as to the manner of his execution." Its Penal Code of 1876, by which all acts and parts of acts inconsistent therewith are repealed, provides that any person convicted of murder in the first degree "shall suffer death," and that

"the several sections of this code, which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sentence, to determine and impose the punishment prescribed."

A., convicted of having, June 11, 1817, committed murder in the first degree in that territory, was, by the proper court thereof, sentenced to be publicly shot. Held that the sentence was not erroneous.

The facts are stated in the opinion of the Court.

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