Musser v. Utah - 333 U.S. 95 (1948)


U.S. Supreme Court

Musser v. Utah, 333 U.S. 95 (1948)

Musser v. Utah

No. 60

Argued November 10, 1947

Reargued January 5, 1948

Decided February 9, 1948

333 U.S. 95

Syllabus

When there are inherent in an appeal to this Court from a judgment of the highest court of a state questions of state law which were not presented to, or considered by, the highest court of the state, this Court will vacate the judgment and remand the cause to that court for consideration of those questions of state law. Pp. 333 U. S. 96-98.

110 Utah 533, 175 P.2d 724, vacated and remanded.

The Supreme Court of Utah affirmed a conviction of appellants for conspiracy "to commit acts injurious to public morals" in violation of the Utah Code Ann., 1943, § 103-11-1. 110 Utah 533, 175 P.2d 724. Judgment vacated and cause remanded, p. 333 U. S. 98.



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