Show CONVICT MOVES TO KILL CHARGE I Nash Claims Violations Jr i of Constitution tion S SS j oJ S Claiming violation of state and federal constitutions a motion to I quash a charge alleging that LeRoy LeRoy LeRoy Le- Le Roy Nash year old lifer committed committed committed com com- assault while escaping from the Utah state prison prison prison-an an offense that carries the death penalty- penalty was filed Saturday before District Judge Oscar W. W McConkle McConkie JU Judge McConkie to took k the motion motion mo mo- tion under advisement until Tuesday Tuesday Tuesday Tues Tues- day when Nash an inmate of the prison is sched scheduled ed to to togo go go on trial The motion was filed by Nash s attorneys F. F Henri Henriod and I T T. C. C Hanson The motion charged Disregard of Nash's constitutional rights in violation of the due process process' sections sections sec see of both constitutions that the law under which Nash is charged is not a uniform statute that an an attempt is being made to Invoke cruel and unusual punish punishment punishment punish punish- ment that Nash in reality was Avas not under a life sentence at the time of his escape and that City Judge B. B P. P Leverich before whom Nash had a hearing at the prison failed to file a transcript of the hearing within the required five days A venire of 50 and men women Omen Is being summoned District Attorney Attorney Attorney At At- torney Calvin W. W Rawlings will will- handle the case caseS It is the only capital punishment case o on the current calendar |