Clawson v. United States
| Clawson v. United States | |
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| Decided January 19, 1885 | |
| Full case name | Clawson v. United States |
| Citations | 113 U.S. 143 (more) |
| Court membership | |
| Case opinions | |
| Majority | Harlan, joined by unanimous |
Clawson v. United States, 113 U.S. 143 (1885), was a case regarding a Utah territorial statute which authorized an appeal by a defendant in a criminal action from a final judgment of conviction, which provides that an appeal shall execution upon filing with the clerk a certificate of a judge that in his opinion there is probable cause for the appeal, and further provides that after conviction, a defendant who has appealed may be admitted to bail as of right when the judgment is for the payment of a fine only, and as matter of discretion in other cases, does not confer upon a defendant convicted and sentenced to pay a fine and be imprisoned the right, after appeal and filing of certificate of probable cause, to be admitted to bail except within the discretion of the court.
The appellant, Rudger Clawson, having been found guilty by a jury in the District Court for the Third Judicial District of Utah, of the crimes of polygamy and unlawful cohabitation, charged in separate counts of the same indictment, was sentenced, on the conviction for polygamy, to pay a fine of $0 and to be imprisoned for the term of three years and six months, and, on the conviction for unlawful cohabitation, to pay a fine of $0 and be imprisoned six months. From the whole of the judgment an appeal was taken to the supreme court of the territory, and the judge before whom the trial was had given a certificate that in his opinion there was probable cause thereof. The appeal was perfected and the certificate was filed in the proper office.
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