| Show ank REMAN a 0 M or the supreme court last Thu rendered a is decision la in the came ot of the state of utah appellant Vs jr P mo fenna affirming the ut of the district court at provo prom M mckeand waa wasi charged in the information with laving having ou oa august last at soldier summit unlawfully and feloniously clooj two angle cock cocks and parted the air hose thereby cutting the air line of a train of car of the ilic ric grande railway upon tha trial the defendant objected to the introduction ot of any evidence on the ground that the information did not state any pub lic lo 10 offence whatever and moved the court to dismiss 1180 the court granted grantt nl the motion and it waa was from his this onar nod and judgment that the case Is appealed the opinion wh which ich tr IN written by chief justice miner and concurred in by justices Justl cea baskin and bartch holds that it docs does not suffice antly albear that the train of care cars ew attached to or connected to any railway A train of cara care would dot become part of a railroad rall under tho the statute upon which to premlata pred lata a prosecution unless shown to be att d to ot 01 with railroad and ant propel d by steam or other motive power the charge that tho the defendant injured a train of tars kars does hot not amount am to e A charge that bp hp did eo so to a train of curs cari propelled by steam or other motive power aa as fled by the statute ta tute so far as it appear in the information the car cars referred ferretto to may hie boen dead or disabled cars on a sidetrack or out of Is nw benoe the court hold holds that the action of the lower court was correct and affirms the judgment |
