Show BROWNING CASE MOrtON ARGUED Decision on First Or Second Charge Expected Soon SALT LAKE July 24 meets e on n the motion mOllon ot or counsel for Cor Marriner A Browning and John Bro to Quash Information b I t the the- district attorney charging murder in the first d do tree de-tree gree were completed In the tho district court The matter malter malters eus s under by bv Judge Gorge George A h ierson orson and the de- de deI decision de decision as ns to whether bother the Ogden inc I aill 11 be b tried for fr first degl e mur mur- murder murder murder der or for Cor murder in the wilt will not be known for or se se- se era sei-era eral deus dais s It Is expected e the de- de de decision Islon cislon eil wilt In b be before the court resumes se 7 The nines Brow the charged with the hue killing of or r 1 ne brother in l rother-In-h rother to 10 th defendant John Browning on April 9 last The fatal Catal tool took place at residence First South street following a 11 visit to the Ballin no home homo b bithe the Brownings said to ha have haue e teen made for the purpose of adjust adjust- ing adjusting family troubles trouble and anti to reI return urn Mrs rs Ball lie to the home ot of other her parents In Ogden Mrs Bal Bal- Bal father Cather Is John M SI Brown- Brown I TO D B Mil hI I I their arrest shortly at- at atter af at after ter the shooting the Brownings S ere held Id In jail nearly one month the preliminary hearing The hearing was waa postponed t tIco Ice because of or the physical In Inability of Mrs ne a material wit wit- wit wit-nes Des nes to 10 answer to appear and testify Her ap- ap appeared appeared ap appeared in and testified that the he was as too Ill 11 to be remo removed cd from her hil bd or en c to bo be Inte b officers of or the court The haring was held lucid before Judge Judeo Noel NoelS NoelS S Pratt of or the criminal of the city court and occupied four Cour days da s Judge Judco tt Pr after weighing the e denee and refusIng to admit the dying declaration of ot Bal Bal- BalI Bal Ballast I last t no held the defendants to trial In the he district court on second de- de degree de degree gree grce murder charges and granted them ball boll at 26 25 each This ea a furnished bv by M S BrownIng and John M Browning fathers father of the defendants defendants M 31 S DrownIng Browning has since died After perusIng the statutes DIs- DIs DIstrict Dis District Attorney Rogers decided that lie he chargIng Inc coul cOllI 1 I flip file an n information Ing the defendants with eith the th degree first charge t-deroe t murder This Information was tiled lied A mo- mo motion mo motion tion to quash the th Information as filed d Lv IN Thomas chief for the Dro Brow nine This UI us is te the th subject of nearly three hours argument Monda In opening the debate Mr r Marioneaux challenged the right Of the district dl attorney to tile rile an In- In Information Information In Information formation it ng murder in th th degree decree a r the tho hd h been heen Ih en ne hearing on the charge He lie read from Crom the constitution tullon of the state tate and nd subsequent subsequent-I I Is 13 from the statutes of or this and defendants other states slates He HI held that th the de de- de cannot be prosecuted without an in examination sau lag What hat Is s the th U tise I of oC o a he heiIng nine and and a apro constitution pro llon for it by the tion He lie stressed th the point that the ng mar map had after Weighing the evidence decided that there thre was wa oni on probable cause ause that the defendants were vere guilty of or see sac sec ond degree murder and md held them to this harg charge for trial In the dIs- dIs dis district evidence court Based upon the cut cut- evi dence Introduced at the hearing haring Judge Marioneau held that defendants were ere not guilty or of degree degree Ir t murder as no malice aforethought had The district court must then he said hold the defendants to a ge the th evidence prescribed He charged that the state had failed to prove h by the evidence Intro Intro- Introduced In the hearing that the were ere guilty of first first-de gree de Creo 00 00 |