Show PROPER REMEDY IS APPEAL APPEALS S Supreme preme Court Decision In the Bates Bales Murder Case CaseI I for rit or ti uton ni n to lD hose bo Tried An WOI was hande handed down don b by the court late afternoon In the cao case of at the State Slate v vs John E 13 EIth Ith Booth Judge ot of the Fourth judicial district denying the formers Petition for tor n a writ of t mandate The th State by District Attorney Sam Ring or of Utah county petitioned th the Supreme curt court for tor n a writ of mantia 11 plus directed against Judge Booth oth to compel the Proceeding with the trial of George Bates charged with murder In the second degree for tor the murder of John at Tole In Septem September ber 1885 The he petition was denlo denied by bytho bythe the tho Supreme court on thur tho ground that mandamus was not a proper proceed Ir pl peal lud that the remedy le lies I a on an ap appeal Bates wa was Indicted I In September 1895 while Utah was sll still n a lie He HeIS was IS tried for tor the otense offense In Apri April mo 1830 mon n after statehood found gul guilty by n a jur juro 01 o eight eight and sentenced to ten years ers ersIn In the tho State pison prison In May 10 ISS ater after the th United States Supreme court had decided that persons accused of crimes before the Territory was wal ad Into the Union were entitled to Ulal by a jury ot of twelve Dates was wasi al i le b by order a of the Feeal Federal court courton on habe habeas cr corpus us proceedings Bates was rr rearrested und and tak taken n before Judge Doth Booth for tor trial by a Jury of at twelve men menThe menThe The cane cuo against him was dismissed on the ground that the State law pro provided vided 1 a trial by a Jur jury ot of eight ani only For the pur purpose se ot of testing the point the brought petton petition for tor n a wrIt or of mandate wa was In ruling that mandamus was not pe remey remedy the Supreme court p did not pans paBS on the as to how Dates Date should b be trIed and to have tt it de tho must mum take In an appeal from Judge Booths oner artier ot of dismissal al alTho The Tho opinion was delivered by Chief Justice and In by Ju Justices Uces MIner and |