Show SHEETS CASE BEFORE DEFORE COURT Arguments Heard on Motion to Quash the Information Now on File Pile V The motion of the defense in the Sheets case that the information filed against the chief charging conspiracy be quashed was argued before re Judge Armstrong of the district court yesterday morning by h b District Attorney Loofbourow for the state and S R n Thurman for tho the de defendant d defendant Judge Armstrong took the mat ter under advisement until Friday morn mornIng Ing at 10 when he will wili ill render his decision The time for the tile chief to plead was continued c until that date It is the contention of or the defense that the information charges several felonies and the charge of conspiracy cans piracy being a misdemeanor is merged in the th felony charge If the judge upholds this view it will be necessary to institute proceed ings lags anew on the felony charges and this would necessitate a new preliminary hearing In his argument the district attorney acknowledged that this Is ia the first time this point has ever been raised In thle state and that the authorities differ as to t the proper procedure He contended that the statutes require that some overt overt act ct be set forth in the thc information ing conspiracy In addition to the mere agreement between the parties charged to form a conspiracy Mr Ir Thurman asserted that the merging of the conspiracy charge with the alle nile allegations allegations charging felonies was clearly In evasion of or all sound principles of r crim inal Jurisprudence Why h if this were allowed all ed ht hI said there thero would ba be nothing to prevent the defendant from being haled into court c urt after an acquittal on the tho Identical charge with which he is I now confronted |