influence, "deliberately married a second time, having a first wife living, the want of consciousness of evil intent—the want of understanding on his part that he was committing crime—did not excuse him, but the law inexorably, in such cases, implies criminal intent." After being found guilty by the lower court, Reynolds appealed to the Utah Territorial Supreme Court, which upheld the conviction. Decision Reynolds' attorneys, George W. Biddle and Ben Sheeks, appealed the Utah Territorial Supreme Court decision to the U.S. Supreme Court, consisting of Chief Justice Morrison Remick Waite, and Associate Justices Joseph P. Bradley, Nathan Clifford, Stephen Johnson Field, John Marshall Harlan, Ward Hunt, Samuel Freeman Miller, William Strong, and Noah Haynes Swayne. On 14 November 1878, arguments were heard in the Reynolds case before the United States Supreme Court. Reynolds' attorneys argued that his conviction for bigamy should be overturned on four issues: (1) that it was his religious duty to marry multiple times, the practice of which the First Amendment protected as his fundamental duty of his religion; (2) that his grand jury had not been legally constituted; (3) that challenges of certain jurors were improperly overruled; and (4) that testimony was not admissible as it was under another indictment. On 6 January 1879, the Court issued its unanimous decision affirming Reynolds's conviction and rejected Reynolds' argument that the Latter-day Saint practice of plural marriage was protected by the Free Exercise Clause of the First Amendment to the Constitution. Thus, his conviction was upheld, as was the constitutionality of the Morrill Anti-Bigamy Act. Chief Justice Morrison Waite wrote on behalf of himself and seven colleagues. Justice Field wrote a concurrence that dissented on one minor point. At a subsequent day of the term, on a petition for rehearing, it was pointed out that Reynolds' sentence to "hard labor" was not a part of the statute. MR. CHIEF JUSTICE WAITE delivered the opinion of the court not affirm the sentence of the lower court. "Since our judgment in this case was announced, a petition for rehearing has been filed, in which our attention is called to the fact that the sentence of the [98 U.S. 145, 169] court below requires the imprisonment to be at hard labor, when the act of Congress under which the indictment was found provides for punishment by imprisonment only. This was not assigned for error on the former hearing, and we might