Salt Lake Telegram | 1935-11-06 | Page 1 | Welling Asks for Rehearing

WELLING ASKS I IFOR FOR REHEARING Renews vs Fight Before Supreme Court Secretary of State M M. H. H Welling yelling renewed his fight before the state supreme e court lri t ra late f fY AVed Y Ved CS YI against being sentenced on his conviction con don of having presented a false salary claim to the state board of ot examiners in 1931 I Attorney D. D A. A Delzell associate I of oC Burton W. W M Musser Mrs Mr Wettings Wetting's counsel filed a petition for a rehearing rehearing rehearing re re- re- re hearing of the courts court's recent decision decision deci deci- I deci-I sion denying Welling a permanent writ of oC prohibition by which he sought to prevent Judge Roger L I. McDonough of ot Third district court from passing sentence The petition is based on the contention contention con con- that the court erred In holding that the tho claim Mr Welling was convicted of ot presenting to the examiners was a valid claim It was Mr Velling's contention that the claim was not in fact a valid claim because It had not been signed itemized and presented by the claimant and therefore Mr Welling could not be bo legally l i lof of the crime of ot which he was con con- The courts court's definition of a claim makes it synonymous with a right the petition read By parity of oC definition the possession of burglar burglar burglar bur bur- glar tools would constitute burglary and having a loaded gun would be shooting This premise that a claim Is a aright aright right leaves one at nt a loss to define what we have heretofore thought was wasia a claim The sta statute speaks ofa of ofa a claim not of ot a right technical in Other arguments support support sup sup- port of or the rehearing request are cited in the petition