Show GUST ALDI MUST BE TRIED AGAIN ON MURDER COUNT Supreme Court Reverses Decision of Lower Body Which Released Mercur Man Killer Kiler New In Information formation for for- mation Must Be Hied lied Against Slayer of W. W H. H Palmer The state supreme court this morning mornin morn morn- in lug ing han handed ed down an opinion in the case cas of tho the state a against H H. charged arl with murder who was discharged discharged dishar dis dis- charged har ed b by the district court of Juab county upon argument ent o of counsel for far forthe forthe the defense that that court cout had no of the case The supreme court court re the lower Jower courts court's ruling in dismissing the tho case It I now devolves upon the tho district attorney of that fiu ju jurisdiction ju- ju to filo lilo fla a new now information n against Gu on anuar January 14 14 1911 is ia a al- al lc ed to have killed W W. W H. H Palmer because brcan be br- can cause causo o of his belief belef that Palmer had had improper relations with his is Gus Gus- l wife He was arrested on January lan Jan nary uary 16 on a complaint issued by bv D. D A. A Lindsay nd 8 a justice of the p peace ace of of Eureka Eureka Eureka Eu Eu- reka and upon arraignment pleaded not guilty uit and was ws bound over dyer to the district court The caso was wag called for trial June Tune 2 last and after the selection of oL of the ju jury attorneys s 's for for- ed moved for dismissal dismissal dis die missal on ou tho ground round that the district court had bad ha no jurisdiction owing to the fact that the tho accused man had not had haJ hada haJa a preliminary hearing The Tho argument arose over ocr a n technicality the the defense contending that thaI that the steno stenographer vho who took the notes at the preliminary hearin hearing hearing hear hear- in ing had not been dul duly appointed by the court and hen hence those proc proceedings were invalidated The Thc district distrct court sustained the motion moton of the discharged cd the jury and dismissed the defendant The e caso le was taken to the supreme court by br the district attorney and his contention was sustained by that ane tri tri- bunal Owin Owing to the fact however that has has as been dismissed b by the district court cour it will wi now be necessary necessary necessary sary if if tho state intends to further pro the case to be begin in the pro pro- ce dings J nil all al over n again ain The Tho opinion was written by Chiot Justice 1 J. E. E l rick Frick and is concurred 1 in McCarty bv by bY Justices D. D X N. and W. W M M. M i |