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Show J. H. ROBERTS TO SEE TERM Supreme Court Dismisses Appeal Ap-peal in Liquor Case From Ogden James H, Roberts oX Ogden, convicted con-victed by Jury in tho district court hero in October 1919, of violation of prohibition ordinances, must serve ninety days in Jail and pay a fine of $299, acaordlng to a decision made by tho supremo court in Salt Lake yea-torday yea-torday in which thoy dismissed his appeal from tho district court here. Roberts was convicted in tho city court hero before Judge D. R. Roberts and sontonced to pay a fine of $250. Roberts Immediately appealed the case to the district court and on October D, the Jury failed to agree. He was trlod again October 19, according to tho records and was convicted. Tho court sentenced him to ninety days in the county Jail and to pay a fine of $299. Appeals Caw. An appeal was made to tho supreme court of Utah, and final aocision came yesterday when the case was dismissed. dismis-sed. Records of tho trial show tho alleged alleg-ed attompt of Roborts to secure approximately ap-proximately 672 pints of whiskey by giving his oheck and after receiving tho liquor ntopplng payment. Tho records re-cords Bhow that Roberts purchased tho liquor from C. C. Poake, of Evan-ton, Evan-ton, Wyo., and gavo his check for $800 In payment. It is alleged that after af-ter ho received tho liquor ho hid It on his ranch in Burch crook and then stopped payment on the check. Poako Is alleged to have taken tho chock to his attorney who made an effort ef-fort to aecuro payment, but was refused. re-fused. Peako Is thon alloged to have turned the check over to tho prosecuting prosecut-ing attorney and upon telling his story, officers wont to tho Roberts ranch, it is alloged, and found the liquor li-quor hid In tho bruqh. They claim to have waited until Roberts wont to tho brush to got somo of tho liquor In order or-der to find the liquor actually in his possession. Fights Case. Roberts was then proprietor of a hotel, and upon his conviction in the city court lmmodiatoly began to fight tho case. He contended at the trial that tho liquor was necessary for his own use for medicinal purposes. In dismissing tho appeal yesterday the supremo court crfllod attontlon to tho fact that it has more than once ruled that, when a caso has boon appealed ap-pealed from the city court to tho district dis-trict court, no "further appeal further lies unless tho constitutionality or validity vali-dity of somo statue which is material is Involved. In appealing to the supremo court . Roborts assigned many errors In tho ! district court as tho cause, but ho , did not attempt to assail tho prohlbi- tlon law. The state resisted on tho! ground that the supromo court had no Jurisdiction, and is sustained. Justice J. E. Frick wrote tho opinion and tho other Justice of tho supremo court concurred. oo- |