Salt Lake Telegram | 1931-09-21 | Page 7 | Judge Raps Faulty Complaint Filing

JUDGE RAPS HUL FAULTY TV COMPLAINT FILING Court Says County Attorney and Justices Fail to Cooperate Cooperate Co Co- Co- Co operate This TIlls childish way of ot conducting prosecutions from the county attorneys attorney's attorneys attorney's attorneys attorney's ney's office is costing taxpayers ers considerable considerable considerable con con- money and should be stopped declared Judge Oscar W. W McConkle McConkie of Third district court Monday after dismissal of the third complaint within two weeks because became of asserted faulty drawing of the charges Louie Karakis 40 o of Magna was freed Creed of a charge of assault last April 27 on Nondas Nicholas also of Mag Mag- na The charge being heard on appeal appeal appeal ap ap- ap- ap peal from Justice William court at Magna was dropped because became o 0 faulty drawing of the complaint r l I by the justice Judge McConkie held the com corn plaint did not state a cause of ac action action ac- ac tion and had not been approved by bythe bythe bythe the county attorney although Frank Prank Armstrong deputy county attorney was present at the initial trial on the charge MUST IIA HAVE VE APPROVAL Under the law the county attorney attorney attorney ney is compelled to approve all crimInal criminal criminal crim crim- inal complaints issued and tried In county courts Judge McConkie McConkle Inferred In Inferred In- In n that if H Mr Armstrong were present at Karakis Karakis' first trial the prosecutor was wa-s to blame for not causing the complaint to be legally correct Similar action was taken In Judge McConkle's court sev several ral days days' ago In the case of James M. M Morton ac accused ac- ac cased of failure to support his wife Continued on Pa Pare Pace t Fourteen JUDGE RAPS APS FAUL FAULTY T COMPLAINT FiLING I Continued from Page Pace Pae Seven and child The court on its it own motion moton dismissed the case cae when tes testimony testimony tc- tc tes- tes disclosed the facts were at variance with wih pleadings contained i in the complaint which was wa drawn in County Attorney Matthew Cowley's Cowleys Cowleys Cowley's Cow- Cow leys ley's office The complaint alleged Morton and the plaintiff his hi former formet wife wie ere still sti married on the date datt the asserted d offense oene was wa committed Testimony showed the defendant and plaintiff had been divorced several months month when the alleged offense was wa 4 cm committed COOPERATION LACKING Asserted lack of cooperation between between be be- be- be tween the county attorneys attorney's office and Justice in drafting and I filing fing a drunken driving charge against Nondas Nonda Nicholas Nichola was wa given as a the cause for dismissing the ease case cae when it reached Judge William Wilam H H. Bramel's district court several days ago on appeal appeal The Te complaint as asIn a In iii the case cae of Karakis Karaki was wa faultily drawn Judge Bramel held It I was wa prepared by Justice I