Show Will MIL TRY SHEETS I ION ON FELONY CHARGE Judge Armstrong Quashes Information Information In- In formation Remanding the Case CRIMES WERE MERGED Whole Matter Must Be e Committed Committed Com Corn muted on One Ono Charge and Not Both ll Chief ld of Police l' George Ceorge Sheets is lo to bo ho Hied U tJ I led for rOI a felony In Instead lit lit- stead stend of ut a misdemeanor Upon Upun the lie ruling of Judge c C orge c G. G Armstrong Friday morning In the lie District court time conspiracy Is IH merged Into a felony flony bv liv tIu th the consummation of the time overt acts of the time alleged gang to rob rohi Allt and ammI loot o of their thell Vi t valuables lu Th The lie I II I information t iou 1011 tiled by JY District t riel A Horney Fred Fied C C. Loofbourow was Iua I-Iua d hd am null th the ca case rcman remanded ell before a committing commit ting mR magistrate for Ol a hearing u upon lUn the time graver CI charges Th The lIme county will dismiss all time the cases case of conspiracy ey and tile le charges charge of ur ru robbery and amid grand larceny a against l tIme the of Iho tue nail gang When the decision or the time court wa was ivas rendered District Attorney Loufbourow row ron took tuuli exception to tu the tIme i tiling He lie staled d to lo time the court that thai he lie would confer r with tle clie allot imey to see sec what If all any he Ime desired to tu take talc In tim tIme the matter mailer l To ro Carry rv It Higher The rime court COUlt all advised time state to carry cat car ry IT the tIme cu case c to time the am amid secure a a. ruling on out the matter It Il J is probable I that hut tIme the decision Ion wilbe will wil willbe be he taken to the tIme Supreme court County Coun Coun- I t- t ty Attorney Hanson Is fH now nu nuIn In iii Now 0 York un timid and will not bo lie back hack fur for ic I several 1 days ays Nothing will be he done clone In tim the time mailer until he lic returns turns The Thc decision lon of ur the court follows In Tim the Hie lH case C of the state of Utah vs nJ George o A. A Slit Sheets this Is the tIme time here herc- t si-t Il for the court to 0 make mako Its Ils ruling on tIme the motion of set aside o or quash the lie Information Tho rime court ha has lums not lot only given I cn It duys U of time bul but ha has pretty near lIar l' l exhausted hau lcd the state law lI library for fou authorities In lii this matter In lii this ea caso h I find that the time defendant defend defend- aoL ant Sheets was wan u over ur r to this cour couro court to o ulIs cr answer to crime of or criminal a eonis eon con is piracy The Time district attorney lets has flied filed in UI Information charging time the ant antIn In n time the twine same or nearly time the same annie wor words lS that thai arc used by y th tIme the county count u attorney C Jim III n t the thc lie complaint all Timid and sett setting out as ts facts cads tho thio thra a atts tR done In iii pursuance p to lI the conspiracy timid and as 8 so s sql t out oat there Is hJ s 10 IJU OIl t In Jim till the mind of ur time the court cour thai hat a til ul t least one If not three felonies have o lavo been chal charged cd to lo IH live have C on be-on coin coin- omitted Under the till statutes of timI this i It Is necessary ary to tu set out seine act III In a addition to the agreement of tl tIme p parties and amid that such Huch tel act was done to o of effect feet C the lime object of such fluch Anti Amid I lake It the tIme attorneys s 's for th time the slat state tato have c stated the act or acts which I I rill it would t lit t t tomtit lo to uro o on out tin Ull lie u p r r u trial rial If one omme were hall had J If f the time acts prun prow pru 11 n bore horo out the time allegations then I an alii lor f r the opinion that thai u. u felon felony would hI shown hon In iii Its complete details There Q is M nothing before tills lImbs court showing that hat any llY act acl could coull he lie IC shown shown which would von Id not lIol Iro prove time complete slon lon of the tIn felony 1 Shim Minu hll The lime American courts seem to tu follow till ho timo reasoning of limo tho cart early carly h uses ases and an not hot the time finding mu made e by y th the English judges cs In 1843 18 nu In this countr country coun- coun try tr ry it seems to be e tho tIme settled law aw that and felonies mero only they form a 3 constituent part of ho time same Manic act but ut that lint they do o merge when time the same act Involves both oth of- of te A number o of authorities state slate that hat a 1 conspiracy cY to commit a a. felon I Is s only one cute step towards the time of the act tact and amid In lii this ease case where on I one ime act net I is Ins sc set out and ond that acl act I is r relied re- re lied upon tIloi I Un ClI ti prove 1100 the tIme conspiracy and nial andt it Il t alto also If proven would show the time com com- felon felony and amid can not hot be lie so separated sep sep- HS ss to tu prove pro time the and n yet yel stop short of proving pro tho lImo com com- felony It would seem that thal the tin I conspiracy but bul ono one step towards he the completion of time the acl act nn and belu a 1 constituent part parl of the act and that thai his act Involves both hoth offenses that he tue in Information Hull and complaint t charge it ut leLl least t ono felony if II nol HOre and t that hat us t the lie ml misdemeanor merges cs iii Inlo to lIml fol olony on Tills This rule rul Is r b by time the courts of thIs tills country especially h by Limo Iho courts ourt of Massachusetts New York Vork amid ami Pennsylvania Penn Ienn 1 sylvania and amid III In one omit of ur tIme tho Pe Federal eases cubes It IL declares declare that this tills as F understand time the authority is Jf declared the lie doctrine of the time adjudications In this his country tr try Information ri sal satisfied that this act cannot ie u conspiracy and that there is no stopping Poll point t from the lie time lime tho limo act actis acts I is s until It U Is completed I bc- bc ill ye that thai l the time mer merger cr tal takes alcoa cs place and ln that t this lila ll Information really charges a 1 felon clony and that lint time the defendant has hus not becil bound over u to tu this court 1 by th the tho for fOI such felony therefore it Is my amy duty to quash this The order ilia may bo bu so epI ej ep- I lored cred I 1 sIJ est lo tu I. I tIme the slate that If lr they are ml nol satisfied with this ruling of or lie Iho com I that the they nHI may appeal timi this caseto case caso to o time the Supreme court that the they mu tony muy c lave a u final filial ruling on out ll this mailer a iter I believe o the LIme Issues are arc cl clearly url the he lie court ami that lint no imo better caso canto could IJ be found In Jim which It could coul bo be more mon clearly set but forth the tIme Supreme Ii If th they do not nut care cure to lo do that then they Lucy cuu take such steps as al' they ther soc Sec fit with whit rc regard urd to lo the lie offenses the they ha have lave vc charged |