Show liN IN SUPREME COURT DISTRICT ATTORNEY CLAIMS JUDGE HOWELL ERRED In Discharging R E Bramlett R G C McGuire and John K Garrett G Charged With Robbery District Attorney N J Harris has instituted a proceeding In tho the sup Slip supreme reme court of or time the llie state against the tIme district court of Weber eber county count and Judge Jud e Howell as Judge of that court cOl rt wherein ins tn II district attorney claims that Judge erred errell In ing R li E Bramlett R G C McGuIre McGuuire and andI I John K Garrett Garrell and antI refusing to re JulIo them to plead to an aim amended Information filed lied by hr the tIme district at attorney attorney torney In tho the action of or the State of Utah against Bramlett McGuIre and Garrett charging them with the crime of robbery robber on oil December The rhe criminal action will be hc remembered remembered bored as tIme the one ollon In which Bramlett and anel Garrett Garre t were accused of having haYing robbed an ln old man by ly h the name of Goff Golf at atthe saloon of Bram ram bIt olL to McGuire The defendants had lund their prelim preliminary In Inar ary ar hearing before Judge Murphy and auth were held 11 for trial lial t in the district court Tho Time district t attorney after arter afterwards wards filed his information In km the tho dis district district district court charging the time l with that crime cl me limit hilt from rom the tho inform information atlon was wa omitted the usual statement of the time time Lime and place of Its commis commission sion which was as a t fatal atal omission The Time district attorney subsequently as tile the record of or the district court shows dismissed tho time action and antI later latem filed rued an amended information charging the time same samo offence in iii which Information the tIme omitted words were supplied Recently on Oil motion of Judge Ma Maginnis Maginnis 11 a ginnis attorney for tho the defendants this amended amende Information was strick stricken en from the time records and time tho defend defendants defendants ants discharged The purpose of o the time proceeding In Inthe the hue court Is to compel Judge ludge to reinstate the tile case permit I the tile filing of the amended information require the time defendants to plead there thero thereto to In and to proceed with limo tho trial of oC the tho all had I ease case of which Judge declined to do tie on the ground that time tho original has lia been dismissed by b time the attorney and mil the time new or ot amended information informal h Ion could n l be lie legally legall filed nor the defendants be legally compelled to plead to tJ the tho same without another preliminary hearing before Judge J Murphy 11 The case wil be lie watched with inter Intel ost by IW the thc public Attorneys s Halver Halvern Soul pon n Pratt will wI represent Judge Jud 1 Howell in the supreme court anti and Judge will appear on ott behalf of the time defendants Bramlett and Garrett The rho writ issued by h l tIme the supreme court In the tIme proceeding is mado made returnable on May Maj lar lOth 1909 |