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Show I J- " ' S. J. KELLY ACQUITTED ( j, uj , BY ORDER OF COURT "' In the case against S. J. Kolly, , 'I, charged with forging an Oregon Short j 1 ilne clearance letter, Judge Morse yes- 1 j ,jn terday sustained the defendant's motion J j'j to quash, lnstmcted the jury to return ii!! I 'j a verdict of not guilty, and ordered the (' Ijj j honusmen of the defendant released. I ,1 ' )j District Attorney Smith intends to 11 ' 1 r appeal from the decision of Judge Morse jfi , ' , iU and take the case into the Supreme , ' ' 1 i ll court, 'j :,'( Kelly was charged with having forged ', ''!: . the name of Division Superintendent Ji y l 1 ' 'i ( Olmstead to a clearance letter made out (' ! to Smll R. Densch. His attorney j ' j (;( moved to quash the Information on tho a j J, ' ground that under the Utah Statutes (Vu.U (i the forging of such an instiiunent docs j. p J not constitute a public offense. The mo- I , tion was argued at length by Attorney t f j Tl Lindsey R. Rogers for the defendant J jj and by the State's Attorney and was ,i . granted by the court, ifj It is admitted In legal circles that the , point raised Js a line one and District i Attorney Smith is going to have it de- l I f elded by the Supreme court. Under the 'I j j J ' I "Utah Statutes the State can appeal In 'tri. : a case from a ruling of the court and from a verdict of the jury In favor of " , ,a the defendant when the jury has been I instructed by the court to return such , (, J a verdict. 12 |