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Show uu POLICE MAY AID IN U VIOLATION The stale supreme court yesterday affirmed, tho judgment of the Third district court In the caic of the city of Salt Lake against L. P. Robinson, wbo was conIcted In the lower court o( selling intoxicating liquors without a license. The decision of the higher court was not unanimous, dissenting opinion bolng filod by Justice D. N. Straup. The majority opinion was by Chief Justice J. E. Frlck and It was concurred con-curred In by Justice W. M. McCarty The record of the case shows that Robinson wan arrested on the complaint com-plaint of Herman Bauer, secretary to former Chief of Police Barlbw, and Patrolman J. E Woodward, that Robinson, Rob-inson, a druggist, hadjsoltl Bauera lemonade i "with a sticKJ. in IC Tand three bottles of bqor -. .-"' One of tho grounds -of appeal to the higher court was baBed on the refusal re-fusal of the trial court to charge tho jury to bring in a verdict of not guilty for the reason that the city failed to prove that the dofendant did not have a license to sell Hquora,and had therefore there-fore failed to prove that the tale In question was illegal. ! It was also charged that the lower court erred In charging the jury that the burdon of proof, whether he had a license or not, was cast on tb,e defendant. de-fendant. In his opinion, Chief Justice Frlck held that tho wolgbt oL authorities supported the trial court. Another ground ot appeal wag that the police officers had no right to entrap the defendant in furnishing evidence that would entrap him. On this point the mnority opinion holds that public officers who under their oaths arc required to enforce the ordinances of tho city do not offend of-fend against public policy or good morals In seeking to ohtnln ovldencc against offenders of the ln when such evidence Is willingly given. Continuing tho opinion says that tho court does not mean to bo understood under-stood as offering any encouragement to a certain class of so-called private detectives or informers who may in consideration of reward induce certain cer-tain individuals to commit offenpes. In his dlsfacntlng opinion, Justice Straup holds thai the Avaut of a license li-cense Is an essential element of, the nlleged ciimo and a descriptive part of iL He holds that the defendant could not have b.cen properly convicted con-victed without a finding (.hat he had no license. The burden of proving a want of a license was In his opinion upon the city. j |