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Show LEGAL POINT TO SAVE HOKEN OLSEN FROM JAIL SENTENCE Prosecution in the appeal case of the state of Utah against Hoken 01-sen 01-sen on the charge of having intoxicating intoxicat-ing liquors In his possession 'for unlawful un-lawful sale, April 26, 1915, at Hunts-vine, Hunts-vine, camo to a sudden termination tills morning whon the attorneys for the defendant dismissed the appeal. When the motion to dismiss was granted, Judge J. A. Howell remanded the case back to the municipal court, where the first trial was had, for execution ex-ecution of judgment In the lower court, the defendant was found guilty and was sentenced to serve 150 days In the county Jail, or pay a tine of $150, tho enforcement of which sentence will be attempted. It is said by Olsen's attorneys, however, how-ever, that habeas corpus proceedings will be commenced immediately and the defendant will be released on bonds. The grounds for habeas cor-puB cor-puB are that in the lower court Attorney At-torney Wade Johnson was called to hear the case as judge pro tern on a motion for change of venue, the attorneys at-torneys for the state and those for Mr. Olsen agreeing. The attorneys for Olsen and County Attorney J. E. Evans state that the matter will be taken to the supreme court of the state 'to determine the question of jurisdiction of a judge pro tern selected under those circumstances, circumstan-ces, and that the prosecution of two other cases of similar nature against tho defendant will depend on the decision de-cision of the supreme court The attorneys for Olsen contend the law providing for selection of a judge, pro tern by agreement of counsel in the municipal court, on a motion for change of venue, does not apply to-criminal to-criminal caBcs and was intended only for civil procedure. nn |