Salt Lake Telegram | 1938-11-15 | Page 16 | Court Record in Case is Hit

i V COURT RECORD r rk k IN CASE IS HIT 2 w Ch Charging that a city court re record 2 M 1411 IV made about October 18 at the inc instance in- in c sta stance e of Police Judge Reva Beck Bosone in connection with two two defendants de deJ de- de J accused of of jaywalking was extrajudicial and void and should be expunged Attorney Mahlon E. E Wilson on Tuesday had M been granted five days to file briefs III supporting his position on a mandamus mandamus manda- manda mus action against Judge Bosone ai In Third district court Si The record in question showed Ii Judge Bosone found Paul Purcell M 20 of East South Temple street 44 and John Volkert 19 of East J South Temple street not guilty of 1 J f the jaywalking charge on October t 7 1 1938 Case Was Pending At that time the defendants had hadJ hadnot J not been tried and the case was wasl l pending j before Judge Bosone on a defense demurrer and petition to toJ J dismiss L. L I I. I Acomb comb police court clerk Jj n testified Judge Bosone on or about w October 18 directed him to enter an 0 order in the case finding th the deA def defendants de- de A f not guilty as of October 7 f 1938 The order to the clerk was JJ M given three days after Mr Wilson 4 had filed the mandamus action in district court seeking to compeli compel i Judge Bosone to sustain the deJ demurrer demurrer de- de J to the jaywalking complaint w M or to proceed with a an immediate trial Error Claimed The not guilty order which Mr ls Wilson intimated should have been beena a ruling sustaining the demurrer Sj t and dismissing the complaint was erroneously entered Mr Acomb a v III testified testified testified- after another entry date i Jj October 7 1937 in the same case I making it appear appear that the court had ruled on the case one year III II a. a earlier than the actual ruling was I made Mr Wilson also contended t Judge Bosone's ruling was not made f In court and therefore therdore void At the conclusion of the hearing j t before Judge Peter C. C Evans attorneys attorneys attorneys attorneys' at- at for both sides were allowed a five days to submit briefs Judge Bosone was represented in ina inthe a the proceedings by her brother Clarence M M. Beck neck and her husband p Joe P. P Bosone both attorneys Ep E. E p j Ray Christensen assistant city attorney attorney at- at 5 torney represented Salt Lake City 2 corporation which was also named k defendant in the mandamus action