Law. 505.) This question must be answered in the affirmative. When Magna Charta declared that no freeman should be deprived of life. etc.. "but by the judgment of his peers or by the law of the land." it referred to a trial by 12 jurors. Those who emigrated to this country from England brought with them this great privilege " as their birthright and inheritance. as a part of that admirable common law which had fenced around and interposed barriers on every side against the approaches of arbitrary power." (2 Story Const.. section 1779.) Now. then. on page 353. the court said: The supreme court of Utah held that this case came within the principles announced by it in State vs. Bates. 14 Utah. 293.301. In the latter case no reference was made to the ex post facto clause of the Constitution of the United States.
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