Salt Lake Telegram | 1942-04-20 | Page 13 | 'Forgotten' Convict Case Appears in Supreme Court

Forgotten Convict Case Appears V In Supreme Court Tribunal Hears Arguments in in Appeal Of Man Under Death Sentence For 17 Years Condit Charges Error The tortuous course taken in the case of Masato for 17 reached Utah's lost prisoner under death sentence years the state supreme court Monday with opening of the April session of the l February term case was one of two slayers' slayers appeals on the calendar the other Involving Donald pon-ald Lawton Condit under death sentence for forthe forthe forthe the first-degree first murder of Harold A. A Thorne Salt Lake salesman in March 1941 The case of who killed a fellow Japanese in a card game dispute at Helper in in n March 1925 is unprecedented in Utah legal an an- nals Sentenced to death later was adjudged insane committed committed committed com com- to the state hospital found to be sane and returned to prison where his case was lost in a maze of legal entanglement Forgotten in Prison Meanwhile simply re remained remained remained re- re in prison forgotten until his case was brought to light by byan byan byan an interested guard An appeal resulted counsel claiming he did not have havea a fair trial in lower court citing that he did not have benefit of an interpreter at all times In Mondays Monday's arguments before the supreme court states state's counsel contended the lower court was within its rights in using discretion as to when an interpreter was needed The defense argued also that the murder was not premeditated premeditated premeditated since it occurred in a free- free for all and therefore was not in inthe inthe inthe the first degree Charges Court Erred Counsel for Condit contended lower court erred in instructing a jury that the slaying of Mr Thorne was intentional that such judgment should have been left to the jury It argued the slaying occurred jn in n a struggle and was unpremeditated Condit was convicted of killing Mr Thorne 1 by shooting him t then en battering his head with witha a rock after being given a ride in Mr Thorne's Thome's automobile on a highway near Cedar City The April calendar includes 14 cases Judge Lester A. A Wade of Second district court is sitting with supreme court justices to fill the vacancy left by Justice Eugene E. E Pratt called to military service