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Show TUESDAY, AUGUST 4, 1970 THE DAILY RECORD LEGAL ADVERTISEMENTS Continued Prior ABOVE NAMED DEFENDANT: You are hereby summoned and required to serve upon or mail to David S. Dolowitz, Esq., Plaintiffs attorney, at 431 South Third E., Salt Lake City, Utah, an answer in writing to the complaint and file a copy of said answer with the Clerk of the above entitled court within 20 days after service of this summons upon you. If you fail so to do, judgment by default will be taken against you for the relief demanded in said complaint which has been filed with the Clerk of said. If your address is unknown to plaintiff or his attorney, and the complaint is not attached to this summons, it will be filed within said 10 days with the clerk of the above court, and you may there obtain a copy. This is an action in divorce. Dated July 30, 1970. DAVID S. DOLOWITZ Attorney for Plaintiff 431 South Third East Salt Lake City, Utah 84111 Date of first publication August 4, (82570JW Clinic vs IN THE DISTRICT COURT OF SALT LAKE COUNTY, STATE OF UTAH RONALD Fracture & DEAN CHRISTENSEN dean tens eN chris Pltf$103.55; $9.20; default Ronald AND MRS. J Plaintiff, Defendant SUMMONS Civil No. D-16- THE STATE OF UTAH TO THE ABOVE NAMED DEFENDANT: You are hereby summoned and required to serve upon or mail to Stephen L Johnston, Esq., Plaintiffs attorney, at 431 South 3rd East, SLC, Utah, an answer in writing to the complaint and file a copy of said answer with the Clerk of the above entitled court within 20 days after service of this summons upon you. If you fail so to do, judgment by default will be taken against you for the relief demanded in said complaint. If your address is unknown to plaintiff or his attorney, and the complaint is not attached to this summons, it will be filed within said 10 days with the clerk of the above court, and you may there obtain a copy. This is an action for a decree of Judge Norscth had a heart attack. Judge Mechain, a city judge, was temporarily assigned as :t district judge; he was not acting as a judge pro tempore. Section II. C. A. 1953, provides that a cause may be tried by a judge pro tempore. Section U.C.A. 19b3, permits the parlies to limit the power, by stipulation, of the judge pro tempore to specified issues. Section 78-- 3 17, U.C.A. 1953, provides that judges pro tempore shall serve without compensation trom any public treasury. 78-3-l- b, 78-3-1- 6, R TRAILER, INC & Article Vlll, Section 3, of the Constitution of I't.in, provides: 34454 - Juel E. Trowbridge, et al dba Bountiful Medical Center vs GEORGE M. C00NRADT Judges of the supreme court and district courts shall he selected for such terms and in such manner as shall be provided by law, AND ANGELA $10.20; default 3510 Co. vs Pltf$379. JUNE FRANKLIN; $7.00; default 34591 - Commercial Collection Co. vs HENRY ROBERTSON; Pltf$316.' $6.40; default Judgments City Court 78-3-2- 20 1, 78-3-- 78-3-- 20 21 The administrator for the district courts shall, under the supervision and direction of the Supreme Court assignment justice: - Continental Oil Co. 34626 T. BERT T. SMITH AND MRS. Pltf$476.35 SMITH; $7.40; default (i) Establish uniform hours for court sessions throughout the state, and may with the consent of the assignment justice, and under such financial limitations as may be fixed by the board of examiners, and with the consent of retired justices of the Supreme Court, or retired judges of the district or city court, or an active city judge, call said judge to serve temporarily as a district judge and fix reasonable compensation for such services; - Prescription Pharmacy 34S34 Pltfs$51.59 $7.80; default 34673 - Juel E. Trowbridge, dba Bountiful Medical et al Center vs JERRY K. NELSON NELSON; Judge Mecham was selected to act as a district judge in a manner provided by law; he was not acting as a judge pro tempore as that term is used in the Constitution and statutory enactments. Any member of the bar may act as a judge pro tempore, who acts by the consent of the parties, his powers may be restricted to the issues designated by the parties, and his compensation may not come from the public treasury. In contrast, under Section active or retired members of the judiciary may be to serve assigned temporarily as a district judge at public expense without the consent of the parties, and the parties are without power to limit the issues he may try. Pltf AND MARILYN $224.32; $10.40; default 34714 - Richards Distributing Co. vs DALE STALEY; Pltf $69.16; $8. J; default 78-31-- - Chevron Oil Co. 4767 vs DEE VOY W. TUCKER AND MRS. DEE VOY W. TUCKER; $80.64; $8.00; default 34768 - R. vs Pursuant to the foregoing section, the Legislature enacted Sections and U.C.A. 193, as amended 197. 19. Section that the governor shall designate a member of the Supreme Court provides an as assignment justice. One of the duties of the assignment justice is to assign district judges to assist in any court which he finds to be in need of assistance. Section provides: 78-3-- Collection Commercial .... Pltf88.49 C00NRADT; CORNELIUS VISSER AND MRS. CORNELIUS VISSER; vs. BONNIE MAY CHANOVER, trial Pltf$111.96; $7.40; default vs J. CHANOVER, to defendant's -- 34233 - Tagge's Motor Trailer and Camper Service Inc. vs BERT SUMMONS - Orthopedic 34188 vs LEONARD THREE Suits City Court from Page 2 1970. PAGE G. ROBERT MRS. AND Pltf GUNDERSON; $45.68; $7.60; default 34769 - In regard to defendant's allegations of bias and prejudice, a hearing was held before Judge Cowley, who denied the motion. Defendant argues that Judge Mecham, as committing magistrate, heard the evidence and formed an opinion as to the truthfulness thereof. This matter was tried before a jury, who acted as the fact finders; and, therefore, the opinion of the judge would be irrelevant. Defendant has not produced a scintilla of evidence to indicate any bias or prejudice on the part of Judge Mecham. Thompson GUNDERSON ROBERT Pltf F. Martin vs A. ROBERT G. HOUTZ AND MRS. ROBERT G. HOUTZ; $7.80; default Pltfs$42.20 divorce. 34770 - Mountain States Tel Tel vs Dated July 23, 1970. STEPHEN L. JOHNSTON Attorney for Plaintiff 431 So. 3rd E., SLC. Utah Date of first publication August 4, ( 82570 )W 1970. AND MRS. & ARTHUR ARTHUR R. R. GALLEGOS GALLEGOS Pltf$66.33; $7.40; default 34771 - J. vs J. J. A brief resume of the facts of this case will reveal that defendant was not denied counsel at a critical stage of the proceedings. AND MRS. Pltf $184.41; $8.00; default In The Supreme Court Of The State Of Utah State of Utah, Plaintiff and Respondent, No. 119o4 FILED July v. Reggie McGee, Defendant and Appellant. Defendant asserts that he was denied his right to counsel at the time of his identification by the complaining witness. Defendant cites United States v. Wade, 388 U.S. 218, 87S.Ct. 1926, 18 I.. Ed. 2d 1 149 (1967); and Gilbert v. State of California, 388 U.S. 263, 87 S. Ct. 1951, 18 L. Ed. 2d 1178 (1967). C. Penney Company STOSICH DAVID DAVID STOSICH; 21, 31, 1970 On May 22, 196', defendant entered the Havana Club in Ogden, Utah, and inquired about the location of the restroom. The proprietor, Esquipula Trujillo, directed him. Tne defendant was attired in a rather distinctive white jacket and white snoes. Alter a few minutes. Mi. Trujillo went to the restroom and Discovered defendant washing his shoe. I he proprietor pro- tested and celenaam departed. Shortly thereailer, Mr. Trujillo umerged from the room and observed defendant throwing Mrs. Trujillo's purse inside the bar. Mr. Trujillo pursued him out of the bar and called his two sons in an adjacent establishment to join me chase-- Mr. 7 lujiilo went to summon the police. The Irujiiio sons, except for a brief numcti seconds, had defendant at all times within their sight. A passing r.iulorial, Denise Scott, observed defendant's flight and called him to her car. Defendant jumped in the back seat and handed the motorist some papers. At that moment the police arrived and defendant told Miss Scott to throw the papers outside, which she did. The Trujillo boys arrived and a scuffle ensued; the police removed defendant and his pursuers to the police station. One of the police officers had observed Miss Scott discarding the papers, and he retrieved them. These papers were subsequently identified as the property Mrs. Trujillo had in her purse and included an envelope containing $66 in cash. Within 15 or 20 minutes after defendant was apprehended, Mr. Trujillo arrived at the police station and identified defendant. . L. M. Cummings, Clerk CALLISTER, Justice: Defendant appeals from his conviction, upon a jury verdict, of the crime of grand larceny. He was sentenced to an indeterminate term in the Utah State Prison. Defendant asserts that the denial of his motion for a second preliminary hearing upon appointment of new counsel constituted a violation of his "due process rights." Delendant contends that his trial counsel was at a serious disadvantage because he was not present to hear the evidence at the preliminary hearing, although defendant concedes that trial counsel did sult with the attorney who had represented him. con- The trial court ruled that defendant was timely accorded a preliminary hearing and was represented by competent counsel, experienced in the practice of criminal law. The court denied the motion on the ground that it was without legal basis and was factually unnecessary. Defendant has misconstrued the purpose of the preliminary hearing and assumed that it is a discovery device. The right to a preliminary examination is merely the right to have evidence produced in support of the complaint, and to produce evidence in answer thereto, so the magistrate may determine whether an offense has been committed, and if there is probable cause to hold defendant for trial . . . agree with the trial court that there is no legal basis upon which to hold that due process requires attendance of the same counsel at the preliminary hearing as represents defendant at trial. We Defendant contends that trial judge, Glen J. Mecham, should have disqualified himself on the ground that he was also presiding magistrate at the preliminary hearing. Furthermore, defendant asserts that Judge Mecham was acting in the capacity as a judge pro tempore and that under Article VIII, beet ion 5, of the Constitution of Utah, the parties or their attorneys of record must agree to the trial of the cause before a judge pro tempore. Defendant denies im li consent. i I At the trial, defendant testified in his own behalf. He admitted that it was he in the Havana Club. He explained that he simply took two envelopes off the bar as he departed; he denied any knowledge of the purse he allegedly pilfered. At the conclusion of the prosecution's case, defense counsel made a motion to dismiss on the ground that Mr. Trujillo made an identification in a lineup situation, and defendant was not advised of his right to counsel. The trial court determined that the Wade case was distinguishable and not controlling in the instant cause. The court reasoned that the continuity of the happenings here with contact being made from person to person from the time of the alleged offense established a sufficient basis for the identification so that the matter would not hinge on the identification by Mr. Trujillo at the station. Since the Wade-Gilbe- rt rules are of comparatively recent origin, It would be wise to review the procedure. . . . The proper way to raise a Wade objection is by a motion to suppress identification testimony before trial. That procedure allows a suppression hearing and a decision on the disputed evidence before a jury is empaneled, and promotes an orderly and uninterrupted trial. A distinctly second-be- st procedure is a defense motion to suppress SUPREME COURT npCISIOM- Q- 4) |