| Show MOTION TO AMEND Ml t DENIED BY COURT GOURI I I Judge Armstrong Holds Such I Course Would Duplicate Previous Situation 4 SHE SHEETS TS CASE STARTS OVER Must File New Information Be BeI Before Be- Be I fore the C Committing Magistrate JU Judge e George O. O Armstrong d. t De lii Demotion II motion of Di District Attorney F P. P Pied us' us I f I. o J ow Tue Tuesday afternoon to II ill ull f. an all amended Information In hum tin tho case casu- of nat nal conspiracy against u Chili f f of Johir honest Hone t Geor George e She Sheets tl fh Time The coui t fv I hd l l that dint under the time orl original Information Sheets Sheet was not given hn a hearing on out t tb Ih li I charges of robber robbery which were consummated mated b by time thc alleged timid ami j therefore there thIe was no tin Ul of I U on im in on out the complaint compia tnt In l im J ai-J I before th lie committing rn au JI I I Thus This does not put an end to the Ih SI sin i. i-i. L I case cuse There are two iwo courses es whit whit-II h the prosecution to mu may adopt bring tn- tn te 11 tein IK in fore fOIe the tIme courts It can either I bi IJ d drol 1 rt ii h b hung filing a complaint charging ti Shor-ti with Iob robbery er or nit flip a new on j. j In iii the preliminary court District Attorney Loofbourow was a on- on o able l lo to sa say Just which coons fl would I b b. b taken Attorney Hornc General M. M t. t A m who Iw iii I is associated in time the cn cas was vai not prepared 11 to make a Ll statement of lh iii proposed procedure ulc In the case cafe It in II stated staled however cl that thai eI elM cam run un ii b b done dolt until Sheets I Is bound boun over on I again on Cl another complaint The TIme nr arguments III in time the case CaSt C i U 11 the thu entire afternoon District ow the time motion mollon wit ii h tiu th cour court t. t Ills His reasons ere T thai tha t h 11 hit ih d j U Ulo to lo IlI the Information to 10 with the time statute on criminal and ond not me merge c the time commission lon of robbery In iii IL it Attorney E. E A. A Wedgwood wood appeared ap aJ- ap- ap penn In him behalf of Sheets un and p pl r- r luis Ills argument ni He lIe declared that thai the time elimination elim lIm of the thu robbery front from rom time the In iii fou fOl ma- ma ton lon would not withstand th tIme tho demurrer Me He he held thai lint even n if the case ease to lo loinal trial inal the lie proceeding could coul only b be carried car car- tied ried so far and antI the time Information would b be dismissed lie said suld that It ll would be lie experimenting to lo to see sec how far Car It ll could l bv L' carried Mr 11 Wedgwood c cited a u. number num ber bel of or authorities to the thur court Attorney General M M. I. I A. A answered an an- the time Rr arguments o of the time defense In Intile time tile matter mailer The motion was then sub sub- milled to the court count The rite decision of oC H tin tin- was as us follows I Com IM I'M As R fa far I as fiS looking in Into Inlo tin Iho ui of the time testimony from the time lower court I Is concerned time the court has nol been hecim Informed in Lit In- formed as us to lo time tails detailS tan or ul fuels I which h this information I is based b by th time d i tl a and l thieve arc are no other i before the thc court COUlt and the court cour tins lias not nol i been heen Informed al at thi this hearing of au any additional facts or 01 ll additional cir cm- cUm and amid hence time the court would woul have to consider con it from rein C. C exactly a th the thc saute sime me point of view as tho time other othel hear heal Hug Ing There Thera has been no additional jn in hi I cn to th the thic court This Is Isa a bald request and the time court will wilt no not make an iii order permitting the time district attorney to mile the lie same kind of oC an un In Information information In- In formation which It has quashed There i 1 b. b no tie request no ito suggestion sm before the time court that hint there will be an any oth other oilier r lelnd of an information flied at nt alt all The Time court cour ha has hiatt given cn el c every unit for suggestion tion tiui as U to lo hint n-hint kind o of an In information the hue district attorney desires to die ille I If I It Is IH to tu be hc Just this flits same matter till this court b by Its Ils order ordem would not It b by simply an elimination of or part of at It it H. The court at al the thc other oilier hearing was In Informed Informed Informed In- In formed b by time the dl district Ulet attorney that what amounts to lo time thy same timing thing would woul be be- practically ought brought out at the time trial It would simply mean if Jf the thc court authorIze authorized author author- Ize the time state to go goo ahead with an nit abbreviated ab ab- ab br Information that lint at al the time m middle mid mId- tile dle of teh trim trial In my opinion the time case as would s ret get exactly In the lie same SI position lo that thai has already been presented I lo Mr 11 Loofbourow I I donl contend her herl T r could tile mile an arm information ellar changing an alt different crime It would have hav to lo bo he criminal conspiracy I dont don't nd a awas was Inferred h by Mr 11 Wedgwood tImid that I h could coul file me mi un information chur charging ln- ln lna a fel cl ci- on oily ony I don't dont contend that at all I mm lm ill 11 ly contend thai Mr Ir e lion would concede that It would bin lm lo tu he be criminal conspiracy The rime Court Court I I will vIii make male not an all which would put this state stale to the lie expense ex cx- X petite pense of or a jur jury In this cn case f anti and then arrive c at al time the mime position that lint the time court has huts already rul ruled on I haven't changed m my naiad mind 11 as to what m my view ie of the thc law Is If H that thai matter mailer comes up again It 11 would get gel exactly the thc same rulIn ruling rul rul- lag ing lIn under tinder cr the same name conditions If these o osame same conditions would be Inevitable Ine under un un- tier der t r this tills testimony it would be he simp simply time the court ga saying ln go 0 ahead am and ru uncut nent t see sec ce how far you ou can get gel I will decline to lo make the or order cr uj renic- renic Court Cr Ill r e-r u uThe The Iho supreme court reversed Ic the hue d' d dc of or time 01 lower court Tuesday In iii Inthe Inthe the case of or P. P J. J Donovan un a against A. A I Hanauer Jr In iii an opinion handed down The action wa was to lo recover cr damages on onan onon an on alleged breach of to purchase pur pur- Jur- Jur clause chase mining claims The rime plaintiff asserted as us- thai tIme the defendant under an agreement was to purchase claims at It roo each or forfeit Correll WO The complaint stated that he hi would not hot tb do 10 either The Time lower court held lucId that Hanauer hadnot had hadnot hadnot not violated hl hits his contract because Donovan Donovan Don Don- ovan could coul nol luot show Khow a u clear title to the thc claims This decision wa was mas reversed on till an of errors error un and a n new trial lal granted I Mr Ir ir u 11 urt I I Mrs Ir Nellie Duttle seeks a divorce I from Robert Lee Lec Battle on our the grounds I if or support non In a a. complaint filed i Tuesday in the third ourt For tins last Jast year eur Battle has refused to tu pro prU pro pro-j hl hubs his wife and child with vies rles of or life Mrs II states state In time the complaint that lier iler husband Is m a sales sales-i man mun KII und amid earmis carn lid 10 If per fler month She Shim asks for Cor O fJ per month as mis allmon un and for tor attorneys attorney's f fees es The They Timey were marI married mar mar- I ned ried In iii St. St Helena C Cal t April 1 IS lS IS There la is one une child George Georgc C G years ears old Il as its the time result of or the time marriage e. Mrs Battle asks for tor her sons son's custody nn Hem Hem- J Nick Jael Jacketta brought an un action against the San In Pc Pedro ro Railroad com com- J any pany Tuesday to tu recover reco 50 for dam dam- UK igus received In him a wreck In ibm which the tue plaintiff lost hits his sight Thu Tho reck n-reck occurred oc oc- oc- oc Leith yes Kev on un February 2 f. f lf wu was waa u a I member of ur a section gang gns and antI wa bohu carried over O the time run road repairing washouts when tho the train was teas wrecked und and the plaintiff Injured I Note u otei Ie of ISIS 1 the 11 The Thu I L Idl I I. I ih ii Sa iii Sa a ail il hugs s and al Trust frust ni i-ni jail tiled tHud stilt fruit t in iii time the 1 thud I t L l s out tul tulle t Fim le lluy itt t C C. O. O J Ja noll um i ml mu II I. I Id i A. A J UI UI t ii to f foreclose e a 1 mortgage gIven on a promissory note nole The Time note lote amount lo tu wilh wih simmer c March Murch LO IG lX the dale date of or Us its Is issuance Ired Orell Hoot Kool flied filed fed a petition In time the probate pro pro- ru- ru bate bute division of or the third titled district Tuesday to lu be appointed d executor ex cx- lX- lX center of the time estate of Mar Mary O. O Root Hoot who died in Chicago December 31 I DOG 1300 Mrs Hoot Huot left ler a will wil and amid In h her bier estate Is three pieces of or real cal state estate located II In Salt Sail Sal Lake City The Time value alue Is placed at al 2000 The Tiiu Iii II el tory an and a Phi ra 1 Mil ii 1 t of the thur c tall of Stanley B. B r r was filed mcl with wih the time clerk of or time the third district ills dis net triet court Tuesday morning JI value alue I Is placed l at i. UI I. I 11 Mr 11 r l left fl SOM WJ shares hac of or Twin rw Falls I und and auth I IlIJ Il- Il IJ T I io s Jt II t I c. c l lots in iii II Stilt Salt Lake CI CI City ty Iron lon claims In hum Iron count county and amid a u number of claims The rime Ile appraisers of or the hue estate were rei-e John James A. A C. C Sadler and F. F O. O John Juhn S. S 5 Han Hanson ol 8 secured curell a decree against Fred Pred In iii Morse's Morses t Rose Hose Judge Jude court Tuesday quieting title to property pm and straining re-straining- Hose Itose from building a fence cros across a roadway The defendant hi in II the lie case u of I K E. L L. 1 Parker I trustee II In iii bankruptcy for UJ em James Blake against William received a u decree to recover 1 10 alleged to I belong to time the estate of Jum James The tite mutt court held that the lie Idd money from roam the tire sale salO salt of certain u nt-u Jul I was titus WiS not part nun of the bankrupt |
