| Show L CASE IS DISMISSED judge Ritchie Decides District Attorney Cannot be Cited to District Court ONLY LEGISLATURE CAN ACT Attorney for lor Defence Showed Hint limi Unit hint Dime Ills III fill Duty Dill Under hit thu lav Ogden 1 March 10 Judge of or oCl Fait l alt lt Lake Lako City came to Osden yes yesterday es esterdaY afternoon to Ir t hear tha thO accusation tion brought by Henry t District Attorney but It took him only a II hort short time to throw thu entire ciso caso out of ot court and cause lau o tho the papers IPe to bo be stricken from the tho tiles thle Henry In an alt accusation pre Ir prepared pared by Attorney charged District Attorney with not lint dono his hH duty Uty ti In Iii tiling fIl lug Iii In Iii n the tho district court ourt a Jo Kendall C M N Kissner Mike lIke K J V Daley Halcy within 30 O days laK front from tho time thorn tho the men were bound over to tho district court Attorney J 3 N appeared for Cor or Mr lr Ir and auth moved the tha court to t Milko the accusation from Croll rout tho thin Wet on oil tho the grounds first that the tile Hatlon WOK wU that tho th court had no Jurisdiction In the thu case cue third thru that no state 11 I raU raUbe be Ix proceeded against In u eL i court lInot e bo be removed Crom c cx for Cor hIgh crImes nod and that thru tili he must 10 bo by bv which must mut be h h heard by h tho ti i u I I III Ia tore turo which alone has hl the right to tl re remote remote mote M IL staiD by tl such a IL of oC law In 11 Mr 11 II al BIMO o showed 1 clearly to the tho court front from the statutes of 1901 1911 amI 1903 1303 that the Iho law Itis tho thio tiling of oC by a n district tI Attorney men charged with rimes docs deM d JI not lilly any nil time tulle within which hn tn Ille the III In Information formation In to the tho district court only specifying that ho etu that the person J so o 0 charged gets n II trial Judge Kimball also stated to the court ourt that even If It the court had jurisdiction In iii tho the case cape that Mr ilano his hi whole duty In the tho caw case C as II ho hu u hair Imir tiled u it inoh Ill ell ellor of or e the tha four men that Kendall had lunil been convicted and all Is serving n 8 sen ien sentence cn tence cove In tho tite penitentiary 0 G C W V KIs lIs KIsner lIsher her ner Is lii a n sentence Mike lIke Berlin forfeited d hili ball hahl and aini n l Daley Ialey was released ly tho the court on his lili own recognizance the him hint having lieu fled from the thep f p Plate thus showing that tho the charges the district attorney were with without without without out foundation After Atter Mr Kimball luau had completed hi argument Attorney l read numerous authorities on Jurisdiction url and In argued that the tho accusation was wail properly brought and should be heard henr by b tho the court Judge held hell that he hc hind hail no iio Jurisdiction to hear a o charge charKo against n St 1 state date which Mr dr r Halvorson Is h I hand and therefore the case |
