ex
parte
nielsen
argued
decided
may
appeal
final
order
district
first
judicial
district
territory
utah
refusing
issue
habeas
corpus
applied
petitioner
prayed
discharged
custody
imprisonment
judgment
rendered
said
march
judgment
petitioner
hans
nielsen
convicted
crime
adultery
imprisoned
penitentiary
territory
term
days
appeal
given
section
revised
statutes
case
arose
upon
statutes
enacted
congress
suppression
polygamy
utah
third
section
act
approved
march
entitled
act
amend
section
hundred
revised
statutes
reference
bigamy
purposes
reads
follows
male
person
territory
place
exclusive
jurisdiction
hereafter
cohabits
one
woman
shall
deemed
guilty
misdemeanor
conviction
thereof
shall
punished
fine
three
hundred
dollars
imprisonment
six
months
said
punishments
discretion
third
section
act
march
entitled
act
amend
act
entitled
act
amend
section
hundred
revised
statutes
reference
bigamy
purposes
reads
follows
whoever
commits
adultery
shall
punished
imprisonment
penitentiary
exceeding
three
years
act
committed
married
woman
man
unmarried
parties
act
shall
deemed
guilty
adultery
act
committed
married
man
woman
unmarried
man
shall
deemed
guilty
adultery
september
two
indictments
found
petitioner
nielsen
district
one
statutes
first
charged
october
continuously
time
till
may
district
aforesaid
said
nielsen
unlawfully
claim
live
cohabit
one
woman
wives
anna
lavinia
nielsen
caroline
nielsen
september
pleaded
guilty
november
following
sentenced
imprisoned
penitentiary
term
three
months
pay
fine
costs
second
indictment
charged
said
nielsen
may
district
unlawfully
feloniously
commit
adultery
one
caroline
nielsen
married
man
lawful
wife
married
said
caroline
arraigned
indictment
september
pleaded
guilty
nielsen
pleaded
guilty
already
convicted
offense
charged
indictment
plea
guilty
suffered
penalty
imposed
sentence
unlawful
cohabitation
indictment
adultery
came
trial
petitioner
leave
entered
orally
formal
plea
former
conviction
set
said
indictment
unlawful
cohabitation
plea
guilty
thereto
sentence
upon
said
plea
claimed
charge
unlawful
cohabitation
though
formally
made
period
october
may
yet
law
covered
entire
period
october
time
finding
indictment
september
thus
embraced
time
within
crime
adultery
charged
committed
averred
caroline
nielsen
charged
unlawfully
cohabited
wife
person
charged
committed
adultery
unlawful
cohabitation
charged
first
indictment
continued
without
intermission
date
finding
indictment
offense
charged
indictments
one
offense
divisible
suffered
full
penalty
prescribed
therefor
plea
district
attorney
demurred
sustained
demurrer
petitioner
convicted
plea
guilty
sentenced
imprisoned
penitentiary
term
days
sentence
follows
defendant
counsel
came
defendant
asked
legal
cause
show
judgment
pronounced
replied
none
sufficient
cause
shown
appearing
thereupon
rendered
judgment
whereas
said
defendant
hans
nielsen
duly
convicted
crime
adultery
therefore
ordered
adjudged
decreed
said
hans
nielsen
imprisoned
penitentiary
territory
utah
county
salt
lake
term
one
hundred
days
said
defendant
hans
nielsen
rendered
custody
marshal
territory
utah
delivered
custody
warden
proper
officer
said
penitentiary
said
warden
proper
officer
said
penitentiary
hereby
commanded
receive
said
marshal
said
hans
nielsen
convicted
sentenced
aforesaid
said
hans
nielsen
safely
keep
imprison
said
penitentiary
term
judgment
ordered
specified
thereupon
delivered
custody
marshal
defendant
next
day
day
following
term
presented
petition
habeas
corpus
setting
forth
indictments
proceedings
judgments
cases
suffering
sentence
first
indictment
claiming
jurisdiction
pass
judgment
upon
one
indictments
punished
twice
one
offense
stated
opinion
writ
granted
discharged
custody
refused
application
order
appealed
richards
shellabarger
wilson
appellant
sol
jenks
respondent
bradley
first
question
considered
therefore
whether
petitioner
position
true
convicted
twice
offense
erred
decision
relief
habeas
corpus
objection
remedy
habeas
corpus
course
force
regular
judgment
conviction
questioned
collaterally
habeas
corpus
exceptions
rule
acted
upon
firmly
established
renders
judgment
jurisdiction
render
either
proceedings
law
taken
unconstitutional
reason
judgment
void
may
questioned
collaterally
defendant
imprisoned
virtue
may
discharged
custody
habeas
corpus
decided
cases
ex
parte
lange
wall
ex
parte
siebold
several
cases
referred
therein
case
snow
sup
held
one
indictment
conviction
crime
unlawful
cohabitation
act
time
preceding
finding
indictment
crime
continuous
one
single
crime
prosecuted
second
conviction
punishment
crime
part
said
period
excess
authority
part
district
utah
habeas
corpus
lie
discharge
defendant
imprisoned
conviction
case
habeas
corpus
applied
term
subsequent
judgment
rendered
regard
circumstance
sufficient
prevent
prisoner
remedy
writ
true
case
snow
laid
emphasis
fact
double
conviction
offense
appeared
face
judgment
appears
indictment
anywhere
else
record
judgment
part
sufficient
present
case
appeared
record
plea
autrefois
convict
admitted
true
demurrer
government
think
sufficient
laid
coy
sup
power
congress
pass
statute
prisoner
held
custody
may
inquired
writ
habeas
corpus
affecting
jurisdiction
ordered
imprisonment
speaking
justice
miller
adds
want
power
appears
face
record
condemnation
whether
indictment
elsewhere
authority
issue
writ
bound
release
referring
ex
parte
siebold
present
case
true
ground
habeas
corpus
invalidity
act
congress
defendant
indicted
second
prosecution
trial
offense
contrary
express
provision
constitution
words
constitutional
immunity
defendant
violated
second
trial
judgment
difficult
see
conviction
punishment
unconstitutional
law
violative
person
constitutional
rights
unconstitutional
conviction
punishment
valid
law
first
case
true
authority
take
cognizance
case
authority
render
judgment
defendant
case
ex
parte
lange
authority
hear
determine
case
held
authority
give
judgment
case
snow
authority
case
held
authority
give
judgment
prisoner
protected
constitutional
provision
securing
fundamental
right
case
mere
error
law
case
denying
person
constitutional
right
case
appears
record
party
entitled
discharged
imprisonment
distinction
case
mere
error
law
one
judgment
void
pointed
ex
parte
siebold
illustrated
case
ex
parte
parks
compared
cases
lange
snow
case
parks
alleged
misconstruction
statute
held
mere
error
law
jurisdiction
case
cases
lange
snow
denial
invasion
constitutional
right
party
entitled
habeas
corpus
merely
without
jurisdiction
cause
constitutional
authority
power
condemn
prisoner
said
chief
baron
gilbert
passage
quoted
ex
parte
parks
commitment
law
made
one
jurisdiction
cause
matter
law
man
punished
discharge
said
reference
cases
gone
conviction
sentence
lord
hale
laid
doctrine
almost
words
hale
rule
prevail
favorem
libertatis
seemed
hold
contrary
case
inadvertence
law
hardly
stated
categorical
accuracy
opening
sentence
ex
parte
wilson
sup
justice
gray
speaking
said
well
settled
series
decisions
jurisdiction
criminal
cases
writ
error
appeal
discharge
habeas
corpus
person
imprisoned
sentence
circuit
district
criminal
case
unless
sentence
exceeds
jurisdiction
authority
hold
sentence
proposition
true
relates
theower
discharge
habeas
corpus
persons
sentenced
circuit
district
courts
regard
power
discharging
habeas
corpus
generally
true
conviction
sentence
writ
lies
sentence
exceeds
jurisdiction
authority
hold
defendant
present
case
sentence
given
beyond
jurisdiction
express
provision
constitution
bounds
limits
jurisdiction
opinion
therefore
habeas
corpus
proper
remedy
petitioner
crime
adultery
wsa
charged
included
crime
unlawful
cohabitation
convicted
punished
question
considered
revert
moment
case
snow
three
crimes
unlawful
cohabitation
charged
snow
three
indictments
crimes
laid
continuous
year
one
one
held
constituted
single
crime
present
case
two
indictments
one
unlawful
cohabitation
two
women
may
adultery
one
women
following
day
may
unlawful
cohabitation
continued
may
adultery
part
incident
indictment
adultery
admissible
conviction
unlawful
cohabitation
second
indictment
unlawful
cohabitation
good
reason
first
indictment
covered
continuous
unlawful
cohabitation
time
found
case
exactly
snow
way
illustrating
argument
quote
opinion
case
justice
blatchford
delivering
opinion
said
offense
cohabitation
sense
statute
committed
living
dwelling
together
husband
wife
inherently
continuous
offense
duration
offense
consisting
isolated
act
intended
sense
indictments
shown
fact
charge
laid
defendant
day
named
continuously
time
specified
cohabit
one
woman
seven
women
named
period
aforesaid
unlawfully
claim
live
cohabit
said
women
wives
thus
indictment
offense
laid
continuing
one
single
one
time
covered
indictment
taking
three
indictments
together
charged
continuing
offense
entire
time
covered
three
indictments
single
offense
committed
prior
time
indictments
found
prin
iple
might
indictment
covering
months
imprisonment
seventeen
years
half
fines
amounting
even
indictment
covering
every
week
prevent
application
penal
laws
rule
obtained
continuing
offense
character
one
case
committed
purposes
indictment
prosecution
prior
time
prosecution
instituted
views
established
examination
many
authorities
petitioner
plea
averred
terms
unlawful
cohabitation
charged
first
indictment
continued
without
intermission
time
finding
indictment
covering
time
within
adultery
laid
second
indictment
also
averred
two
indictments
found
upon
testimony
witnesses
one
oath
one
examination
alleged
offense
covering
entire
time
specified
indictments
plea
demurred
prosecution
demurrer
sustained
averments
plea
therefore
must
taken
true
assuming
true
doubted
adultery
charged
second
indictment
incident
part
unlawful
cohabitation
doubt
true
case
snow
held
necessary
prove
sexual
intercourse
order
make
case
unlawful
cohabitation
living
together
man
wife
sufficient
proof
sexual
intercourse
merely
cumulative
evidence
fact
living
together
man
wife
decided
meant
unlawful
cohabitation
statute
course
includes
sexual
intercourse
integral
part
adultery
charged
second
indictment
covered
included
first
indictment
conviction
case
first
indictment
terms
laid
unlawful
cohabitation
whole
period
preceding
finding
indictment
conviction
indictment
law
conviction
crime
continuous
extending
whole
period
including
time
adultery
alleged
committed
petitioner
sentence
punishment
underwent
first
indictment
entire
continuous
crime
included
adultery
charged
convict
punish
also
second
conviction
punishment
offense
whether
acquittal
effect
bar
second
indictment
different
question
express
opinion
satisfied
conviction
good
bar
wrong
overruling
think
material
part
adultery
charged
comprised
within
unlawful
cohabitation
petitioner
already
convicted
suffered
punishment
conclusion
reached
accord
proposition
laid
judicial
massachusetts
case
morey
mass
says
justice
gray
conviction
common
seller
intoxicating
liquors
held
bar
prosecution
single
sale
liquors
within
time
upon
ground
lesser
offense
fully
proved
evidence
mere
fact
unlawfully
making
sale
merged
greater
offense
acquittal
offense
common
seller
like
effect
com
jenks
gray
com
hudson
gray
com
mead
allen
proposition
accords
nearly
views
fair
say
decision
morey
com
principal
one
relied
government
sustain
action
district
utah
case
morey
charged
statute
one
indictment
lewdly
lasciviously
associating
cohabiting
certain
female
married
another
indictment
charged
committing
adultery
person
certain
days
within
period
alleged
cohabitation
held
conviction
first
indictment
bar
second
although
proof
acts
unlawful
intercourse
introduced
trials
ground
decision
evidence
required
support
two
indictments
said
conviction
acquittal
upon
one
indictment
bar
subsequent
conviction
sentence
upon
another
unless
evidence
required
support
conviction
upon
one
sufficient
warrant
conviction
upon
test
whether
defendant
already
tried
act
whether
put
jeopardy
offense
single
act
may
offense
two
statutes
statute
requires
proof
additional
fact
acquittal
conviction
either
statute
exempt
defendant
prosecution
punishment
page
think
however
case
distinguishable
present
crime
loose
lascivious
association
cohabitation
necessarily
imply
sexual
intercourse
like
living
together
man
wife
though
strongly
presumptive
may
seems
us
clear
case
person
tried
convicted
crime
various
incidents
included
second
time
tried
one
incidents
without
twice
put
jeopardy
offense
may
contended
adultery
incident
unlawful
cohabitation
marriage
one
parties
must
strictly
proved
may
answered
true
ingredient
incident
unlawful
cohabitation
essential
principal
ingredient
adultery
though
marriage
need
strictly
proved
charge
unlawful
cohabitation
yet
well
known
statute
aimed
polygamy
two
wives
construed
requiring
order
obtain
conviction
parties
live
together
husband
wives
familiar
learning
many
cases
conviction
acquittal
greater
crime
bar
subsequent
prosecution
lesser
one
wharton
treatise
criminal
law
volume
rule
stated
follows
acquittal
conviction
greater
offense
bar
subsequent
indictment
minor
offense
included
former
wherever
indictment
greater
offense
defendant
convicted
less
instances
several
cases
rule
applies
example
acquittal
indictment
robbery
burglary
larceny
may
pleaded
indictment
larceny
goods
upon
former
indictment
defendant
might
convicted
larceny
one
indicted
murder
acquitted
indicted
manslaughter
party
charged
crime
murder
committed
perpetration
burglary
generally
acquitted
indictment
afterwards
convicted
burglary
violence
wm
vict
general
acquittal
charge
murder
answer
part
indictment
containing
allegation
violence
acquittal
seduction
bar
indictment
fornication
prosecutrix
principle
indictment
adultery
conviction
fornication
acquittal
adultery
bar
prosecution
fornication
observed
instances
supposed
cases
acquittal
order
acquittal
may
bar
subsequent
indictment
lesser
crime
seem
essential
conviction
crime
might
indictment
greater
conviction
might
implied
acquittal
conviction
less
crime
indictment
greater
includes
plain
acquittal
might
bar
conviction
greater
crime
involve
lesser
also
bar
proposition
first
quoted
opinion
morey
com
apply
thus
case
state
cooper
law
defendant
first
indicted
convicted
arson
afterwards
indicted
murder
man
burnt
killed
fire
produced
arson
new
jersey
held
conviction
arson
bar
indictment
murder
result
arson
state
nutt
person
convicted
common
seller
liquor
held
afterwards
prosecuted
single
act
selling
within
period
said
government
see
fit
go
offense
common
seller
respondent
adjudged
guilty
must
certain
sense
considered
merger
distinct
acts
sale
filing
complaint
respondent
punished
one
offense
whereas
com
hudson
gray
acquittal
common
seller
held
defendant
might
indicted
single
act
selling
period
see
bish
crim
law
ed
etc
books
full
cases
bear
less
upon
subject
discussing
object
simply
decide
case
us
write
general
treatise
content
addition
already
said
simply
announcing
conclusion
conviction
petitioner
crime
unlawful
cohabitation
bar
subsequent
prosecution
crime
adultery
without
authority
give
judgment
sentence
latter
case
vacated
set
aside
petitioner
applied
habeas
corpus
writ
granted
petitioner
discharged
judgment
district
reversed
cause
remanded
directions
issue
habeas
corpus
prayed
petitioner
proceed
thereon
according
law