| Show COUNTY ATTORNEY SAYS MEN CANNOT BE CONVICTED Conspiracy Will Not Hold He Believes Unless Overt Act Is Committee Committed I am very much afraid that th the only thing wo we can cnn do with Ith the men arrested b by the police pollee Saturday night Is IB to confiscate their stuff and them them noa floaters and endeavoring endeavoring en to drive e them out of the tho city said County Attorney H. H L. L l today discussing the arrest of a gang san of ot alleged confidence men and crooks taken by hy the police after they had been trailed to their lair Inthe in inthe inthe the old Taylor house by George Robinson Rob Rob- inson a Juvenile court officer We TC cannot get a conviction n na a against these men for conspiracy under tho tile statutes unless an overt act has been committed Section revised statutes of Utah 1907 says saya I a Upon a n trial for conspiracy in ina ina a n case caso where an overt act shall be I necessary to constitute the offense the defendant shall not be convicted con conS unless one or more overt acts shall be expressly alleged in the information in formation or indictment nor unless one of tho the acts alleged shall have been proved but other overt acts not alleged may b be given in evi dence De Definitions of overt o acts' acts and conspiracy are given in specific language that cannot be misunderstood misunderstood stood in sections and of ot tho the 1907 1901 codification of or the Utah statutes The language of the statute statute stat stat- u ute to follows 8 Criminal conspiracy It If two or more moro I I 1 To c commit a crime or 2 2 Falsely and ancl maliciously to Indict or co convict ct a another ru for Cor for an any crime or to procure another to be charged or arrested for any crime or 2 Falsely to move or main main- tam tarn tain an any suit action or proceeding or orI I 4 To cheat and defraud any person of ot au any ally property by any means which are in themselves criminal or b hy by an any means which It if executed would amount to a cheat or to obtaining mone money or property by false falso pretenses or 6 5 To commit an any act Injurious to the public health to public morals morals mor als or to trade or commerce or for the perversion or obstruction of ot e or the due administration of ot the laws they are punishable by imprisonment im nt in tho the county fall lall not L I exceeding one year or by fine not exceeding 1000 CO Conspiracies not enumerated not punishable No conspiracies des cies other than those enumerated In Inthe Inthe inthe the next preceding section aro are pun criminally Overt act necessary to conspiracy Exceptions No agreement agreement agree agree- ment except to lo commit a felony upon the person of ot another or to commit arson or burglary amounts amounts' to a 0 conspiracy unless some act besides be ho sl sides es such agreement be done to effect ef ct feet tho the object thereof hy by one or more of oC the parties to such agreement agree agree- m ment en t. t About all that can be done under tho the limitations of those these sections of the statute is to arrest such men seize and confiscate tho the devices with which they are believed to operate and give the men floaters They cannot be charged with conspiracy nor with any overt act under this statute I certainly would woul favor the enactment enactment en en- of or a law that would give the police power to arrest and the courts power to prosecute for tor haying having hay hav ing in ones one's possession swindling devices dc placing these devices In the I same sarno catalogue as lS opium and other narcotics or as the government go places placeR upon the unauthorized possession pos session of ot counterfeit mone money There I Is no such law at this time There should be I |
