Nature of the Case
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Facts
Reynolds (D) was found guilty of bigamy in that he had married Mary and then Amelia. D was sentenced to jail for two years and fined $500. The Supreme Court of the territory affirmed and then D sued out a writ of error. D claimed that his status as a Morman permitted him to practice bigamy and that his marriage had the sanction of the church. D asked the trial court to instruct the jury that if he was married in conformance with an honest belief of religious duty, he should be found not guilty. The trial court refused and instead issued an instruction that if D had married for the second time, his want of evil intent would not absolve him of the implied criminal intent to violate the law. On appeal, D raised a number of issues about the grand jury, the process to empanel petit jurors, his religious beliefs as an excuse for violation of the law and the admission of testimony by Amelia given at a former trial for the same offense.
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