Salt Lake Telegram | 1935-09-12 | Page 8 | 5 New Liquor Charges Filed

5 NEW LIQUOR CHARGES FILED flIED FILEDA flIEDA A city court ruling that a section of ot the state liquor control law Jaw Is unconstitutional Thursday failed to break the enforcement stride of oC the state liquor control commission New complaints containing allegations al- al legations to conform to a a- ruling by City Judge Judge- A. A H H. H Ellett that a defendant de- de fondant under the constitution must be InC informed of the nature of charges against him were filed Im un- un mediately The judge ruled section of or the law aw was was' r unconstitutional because It t permitted issuance of ot complaints complaints' on the allegation liquor was sold Observers predicted the ruling would not handicap enforcement efforts It merely merely- means they said the liquor commission must list specific allegations when lodging a c criminal criminal crimi crimi- nal complaint The commission immediately immediately im im- mediately pr proceeded to do this Inthe in inthe the he cases of the five defendants named in the ousted compla complaints The unconstitutionality unconstitutionally ruling was made when Judge Ellett Elett granted a defense motion to quash the he complaints The motion was based on a contention of Tho The state did not file me briefs Judge Ellett In in a verbal explanation tion of the ruling said that while section gives permission to accuse accuse accuse ac ac- ac- ac cuse a defendant merely of merely of sellin selling liquor without with alleging what kind of liquor wh when n or to whom the state constitution expressly gives a defendant the right to be apprised of oC the nature of accusations ot against him Under section Judge Ellett Elicit said a defendant co could ld be brought into nto court wholly ignorant of the nature na na- ture ure of oC charges s against him and would be forced to put on a defense Tho The defendants and tho the new charges against them are Harry Gray and Rex Lunn charged with keeping liquor for sale at 60 East Sec Second nd South street A August August- gust 3 A August gust Gordon charged with keeping liquor liquor for for sale at 46 South State street August 7 Carl Bult and Lunn charged with selling a 8 glass of ot whisky August 11 at 60 East Second South street and Max charged with keeping keeping- liquor for sale at 61 East Second South street street August August 10