Show THIRD TIMERS I r p t 3 p t j I i iI I i p I J IJ 1 Leonard Tope lope top and Robert Mason P PAIR AIR ACCUSED UNDER TERMS OF NEW LAW Utah Ex s Face Prosecution Prose Prose- Pro Prosecution e cution as Habitual Criminals Accused of being habitual criminals criminaLs crimi crimi- nals two Utah ex- ex convicts ex-convicts Thursday faced aced possible imprisonment for 15 years rears as prosecutors invoked for the first time timea a state tate law providing punishment pun for time three losers and indicated the statute will be used fre Ire frequently frequently in the future The accused are arc Leonard P Pope pe 28 and Robert Mason named in complaints com corn plaints signed before City Judge Danel Danid Dan Dan- id iel el Harrington by J. J S. S Bardole police officer Two 1 counts of grand larceny and being on habitual criminal were lodged against Pope while three counts of grand larceny burglary and being an habitual criminal were placed against Mason The grand larceny and burglary counts in both complaints tire ere in m connection connection con con- with a December 10 at the home of Carl Evans 1598 1593 Eighth East street where personal property v valued at was stolen Arrested With Girl Girt Pope was arrested the arrested the day after the robbery with Della Delia Poole charged d with grand larceny in e a third complaint com corn plaint Police said they recovered the loot in m a hotel room adjoining one occupied by Miss Poole Pope and Miss Mis Poole pleaded not guilty when arraigned before City Judge C. C F. F Dalby Thursday and preliminary pre pre- luminary hearings were set et for December De De- I cember 28 Both were returned to the county jail under bond of and 2000 respectively Deputy sheriffs are searching for Mason Meson The state law defining an h habitual criminal and providing punishment states that a person who has twice been committed to prison in any state stale for terms of not riot less than three years each shall upon conviction of a leI fel felony ony any committed In Utah other than toon murder be deemed an habitual criminal criminal crimi crimi- nal and shall be punished by a term in the state penitentiary of not less than 15 years Not Considered If U the defendant can show he was released from one of the previous commitments on a pardon granted on grounds he heos os innocent such commitment commitment com corn shall not be considered A court fight in which the defense probably could force the state to prove allegations other than being an habitual criminal before obtaining a conviction on the latter charge loomed because of the provision making making mak mak- ing conviction on a third felony essary County Attorney Harold E. E Wallace Wal lace declaring that these are the first habitual criminal charges to be lodged so far as he recalls indicated he intended Intended In in- intended tended to learn if the law is effective and use it frequently in the future if it it is is found so Popes Pope's Record Records show that Pope was committed committed com to the Colorado prison on April 7 7 1923 on a burglary conviction conviction tion and to the Utah prison on February February ary 28 1930 on ona a robbery charge rge Mason was twice committed to the Utah prison on May 1 I 1929 for auto theft and andon on September 6 1930 for depriving an owner of his automobile according to reco records ds |