| Show WAIDE FOSTER FOSTERS S WINS FREEDOM Judge Kimball Holds Judge Hendricks Was as asIg Ig Error Judge James I- I Kimball I of ot the distrIct court today ordered Waldo olde Foster released from front the city jail after habeas corpus proceedings were ere Instituted by Foster and ond ar- ar argued ar argued gued In Judge Kimballs Kimball's court The detention of Foster grew out ot of JohnA an nn order Issued by Judge John A HendrIcks on July 10 JUdge hendricks attempted to act under authority ot of a judgment entered on October 10 1925 at which time Waide Valde Foster Fostr pleaded guilty to pOSe poe session of or Intoxicating liquor On that day October 10 1925 ise he was sentenced as follows Wherefore It Is ordered and ad- ad ad Judged adjudged that the defendant pay to Ogden city a tine fine In the sum of ot no 50 and In default thereof that thai lie stand committed to the city jail ct cf if ten Og-ten Og city at hard abor labor for Cor a a ot of ninety days Provided however u 25 of or such hc he suspended urn lurn the fhe con con- continued con continued good conduct of the ant ant and the court furth further r Cor oder pu that the jail sentence of o ninety dA daye be suspended during the good conduct of ot the defendant Subsequently on July 10 1926 Judge Julge Hendricks Indorsed on hIs as lIS follows follow's Tho The court this day ordered that the She above order suspending th the jail In the move action be lie and andt t th same Is hereby y vacated ted ayd ad set seta ale ade fie e for tor hi hiB hia va- va TaCi t Ct on on 51 but oral oril in- in in inflections with will I R U It n 71 IL Flu Flu- Pin Pin-c c IC c to see seo IIII ht Putter Futer Jo way was a Coi 0 r I to the cl city Y jail to serve s til I l day sentence m mp- mp uJ t on fin r 10 1925 Foster Fosler was serving a day 60 sen- sen sentence sun fence Bun tence In the county jill jail on a I Islat stat slat stat case case caso Wednesday after an appeal had bad been perfected ns liS Foster oster was leaving the county jail under the appeal bond he was taken to the city jail by the sheriff In com corn compliance compliance with Judge HendrIcks oral order John C Davis as ItS Fosters Foster's attorney attorney ney fey then applied tor for the writ ot of habeas corpus corpoS which was granted thIs morning by Judge KImball Chief Jones tiled led an answer and Davis demurred to It It In sustaining Attorney DavIs de- de demurrer demurrer de demurrer Judge Kimball held that Judge Hendricks order was voId for three reasons First that the city court had no power to Issue an alternative judg Judg- Judgment judgment ment In a city case Second that In a city case caso the city court has no power to suspend a judgment or parole any defend ant Third that the order of ot June 10 was void and illegal and that the modifying orders of ot the judgment ot of October 15 were void old Judge Kimball also indicated thata that thata a justice court after Imposing a fIne cannot Impose a jail sentence en- en enforcing en n enforcing forcing the payment of ot the tine fine other than one day in jail for tor each dollar ot of o the fine tine Imposed City Attorney A W Agee said that he did not deny the tho legality ot of Mr Davis demurrer |
