Show OGDEN CASE CASEIN IN HIGH Franklins Franklin's Contention In Brief SALT LAKE LAKS Fob Feb eb 20 0 The The case ot of the state of ot Utah against t J F Franklin Mrs J 3 V F 1 Franklin and Mrs Irs Henrietta Nathan In hleb Franklin j appealed from a decision In Judge Kimballs Kimball's court In Og- Og Ogden Og Ogden denas den nas as as taken unde advisement b the Utah Ulah supreme court today after both sides brief The appeal was liken ken after atler Judge him ball abato Franklins Franklin s ne ho-ne as asA d 4 nuisance fined lined him 1000 and him to six months In Inthe Inthe Ih the county jail Attorney General Harvey Cluff s a uphold upheld the tho Judges Judge's decision u Ih to the abatement of o the home and the tho tine fine but admits the provIsion under which Franklin Riven a Jail sentence is unconstitutional rhe rho contention ot of o counsel t Is iq that before a defendant can he deprived of ot his liberty ti lal must be had before a jury jUr ur This as as not done In his case a as Jud Judge e 1 nas as sitting as a Judge tn in ina a 1 ch ll cl II action to close cloe a home un- un under under un under der the provision of ot the tale law lav The attorney generals general's admission that the sentence to jail lall Is 19 i unconstitutional I Is belle believed In legal cir cir- circles cirdes cir circles des cles to e that Franklin need not serve sere the jail sentence |