Show S Supreme preme Court Hears Argument In In hi Martha Gardner Appeal 5 Case Tak Taken Under Advisement In the supreme court today the appeal of Martha Gardner from the decision pf ot the Third Thir l district court which found her guilty of ot manslaughter manslaughter man man- slaughter and sentenced her to an Indeterminate term in the state prison pris pris- on was argued and the case taken under advisement 5 Martha Gardner was charged with the crime of ot murder murder In the first degree degree degree de de- de- de gree but was convicted of ot voluntary manslaughter George Gardner was convicted of ot murder in the first de degree degree degree de- de gree for the slaying of ot Deputy Sheriff Sher Sher- iff Gordon Stu Stuart rt Gardner is to be shot on May 25 lIe He has appealed to the state board of t pardons rot a commutation of ot sentence to imprisonment im m for life lite Mrs Gardner was tried for complicity complicity com corn In the murder of ot Joseph W W. Irvine of ot Salt Lake count county The Tho Jury failed to agree and was discharged dis dis- charged b by the court She was Wai later tried again and was convicted of voluntary manslaughter She Sho ap appealed appealed appealed ap- ap pealed from froni this finding alleging i man many errors chief of or which Was the failure of ot the lower court to submit to the Jury the question of If former Jeopardy Judge J. J B. B Darmer appeared appeared appeared ap ap- ap- ap for Mrs Gardner Assistant Attorney General Farr for the state maintained that the tho tho rec record rd did not show that Mrs l Gardner Gardner Gard Gard- ner Kid had previously been tried for forthe forthe forthe the same samo offense except th ho the written p plea ea of ot former Jeopardy presented the court b by her counsel couRsel and that this so called plea did not appear in inthe inthe inthe the bill of ot exceptions and that there thero was nothing In that point before the court His conclusion was that the tho record is replete with evidence of ot the d defendants defendant's guilt that there was wan no reversible error In the record I and that the tho Judgment of or the lower court should be affirmed |