Salt Lake Telegram | 1929-10-17 | Page 2 | Court Refuses to Drop Charge

COURT URI REFUSES T TO URO CHARGE Suspect Must Face Two Persistent Violation Complaints Taking the stand tb that tbt t. t dismissal of ot one one complaint charging AU Allen n Decker alias Art Smith 28 28 8 with persistent violation of ot the prohibition prohibition prohibition tion law on the understanding that tha the dc defendant waive wal hearing on n a second complaint charging a sl sim similar 1 liar ilar offense might result in a mIscarriage miscarriage mis rols carriage of or justice in Third district court City Judge NephI Jensen re refused refused refused re- re fused to dismiss one of the tIte charges when Wien both were ere called up in his court Thursday Decker w waived ived his Ills hearing on char charges es filed rUed after he was captured last Jast August 20 o with twenty four gallons allons of ot whisky whisk near a garage at atthe thc the rear of or the apartments The first t persistent viola violation charge was filed lied then on the ground that tho the same sano defendant dele dant paid a a. 2 5 fine fino April IS 18 of ot this year in city court on a a. liquor possession charge While rh Decker was awaiting hearIng hearing hear- hear Ing on the first l persistent violation charge charse he lie was arrested by deputy sheriffs again gain and faced with a. a viola viola- second charge of oC persistent tion Uon The Tho second arrest occurred September 21 1 at a a. garage garag in Inthe the rear of ot 3 5 Fourth East street Decker wag was c caught In possession of at fourteen en gallons of ot whisky whisk on that occasion n said the officers H ROaring Hearing alln on n the this second ch charge l' l e waa 20 continued to November Tho phio matter of ot dismissing one of ot the charges against Decker was presented pre pre- to the court by byEarl Earl M M. M WIson Wil WI Wilson son son deputy county attorn attorney y and J oryal Noryal i E. E Callister attorney for tor Decker