Show Wrong Ti Tide e on Complaint May Nullify Verdict Deputy District Attorney Signs Name as District Attorney and Judge Investigates Investigates Investigates gates The fact that the deputy district attorney signed an information as district attorney may save George J. J Merritt from going to prison for forthe forthe forthe the alleged theft then of an automobile from J. J W. W Ensign This unexpected angle In the case was sprung in In Judge W. W M. M I. I McCrea's court Saturday morning by Joseph R. R Haas attorney for Merritt when the court was about to pronounce sentence upon Merritt Mer Mer- rUt Itt who had b ben been en previously convicted convicted convicted con con- by a jur Jury The result was that the court postponed further action for one week eek Merritt was convicted several weeks ago and appeared Saturday morning for sentence Counsel f for or him bim moved for a a. new trial and this was denied by the court who declared that he could see no reason reason reason rea rea- son why a a. new trial should be granted as he believed the verdict reached by the Jury was thoroughly thorough thorough- ly supported by the evidence pro pro- The court had hardly announced that the motion was denied when Mr Hans Haas arose and moved mO for an arrest of Judgment on the ground that the information was not in accordance with provisions of the statute which provide that shall be filed tiled by the district district district dis attorney Mr Ir Haas called attention to the fact that the information in this case bears the tile signature Samuel G. G Clawson district attorney It Is common knowledge said ald Mr Haas that Edgar A. A Rogers is district attorney of this district and that Samuel G. G Clawson Is not district attorney Counsel for tor Merritt contended that under the statutes the Information information information mation In this case was void hence the court was without Jurisdiction in th the case and no Judgment could be legally rendered Mr Clawson explained that he had been directed by Mr Rogers Roger to sign eign the Information and he raised a point that defendant had waived any right of ot protest which might have existed by waiting until until until un un- un- un til this time to raise the issue Mr Haas contended that no right could be waived in a case where the court had no Jurisdiction The court took the matter under advisement and postponed passing of sentence |