Show out Court to Drop i Liquor Count Second district court Weber county was directed by state supreme supreme supreme su su- su- su preme court Wednesday to dismiss a liquor charge pending in the district district district dis dis- court against LeRoy Newbill of oC Ogden The unanimous decision of supreme supreme su su- preme court was handed down on ona ona ona a petition for a writ of prohibition against District Judge John A. A Hendricks R. R The district judge last August t denied a It motion to quash the complaint and dismiss the action action ac- ac 1 tion for tor want of or jurisdiction on part of Justice of Peace Alfred Gladwell Burch Creek precinct Weber county It was contended the magistrate acted officially on the hc complaint while holding court I outside ou his precinct In this ca case e the Justice of peace was entirely outside the territorial territorial territorial terri terri- limits limit of tho the precinct for which he was elected the at attempt attempt attempt at- at tempt to thus invoke his jurisdiction tion failed and the subsequent proceedings proceeding were therefore a nullity nullity nul nul- lity Justice Roger I. I McDonough stated slated in the appellate court opinion ion The statute does not grant the district court discretion to either grant or deny a motion for dif dis dismissal dismissal dis- dis missal of the complaint which is based on jurisdictional grounds if Ie the motion is well founded it is the duty of district court dismiss the complaint the decision |