The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-07-18
DECIDES IMPORTANT POINT
Judge Chidester Makes Ruling on
Burglary Case-Boys Go to
Industrial School.

Panguitch, July 13.-The regular July
term Of the Sixth district court convened
July 10, 1906. with Judge John F. Chides-
ter presiding. The attorneys present were
District Attorney Jos. H. Erickson,
William F. Knox, George B. Greenwood,
John G. Forgenson, William p. Sargent,
Joseph GouIding and James Sargent.
Hyrum McInelly and William Barker
were arraigned upon the charge of bur-
glary in the first degree. Defendants took
until tomorrow morning to plead.
The city OF Panguitch against Hyrum
jury: At o'clock the jury retired.
and after being cut thirty minutes re-
turned verdict of guilty. The plaintiff
was represented by W. P. Sargent and
James Sargent, the defendant by William
r Knox 1t is a ease in which Mr.. Pratt
was convicted Of selling goods on Sunday
and fined in the bower court, from which
Judgment he appealed.
In the matter of the estate of James
H. Inlay, petition for final distribution
and the discharge of the administrators
granted
on Friday the first business was mo-
ton for a new trial in the case of Pan
guiteh City VS.. Hyrurn Pratt upon the
grounds of fnsuffTeiency of evidence and
that the courts instruction No TO the
jury IS not correct statement OF the
law. The motion was overruled and the
defendant sentenced to pay fine OF $50,
in default of which he was to be COM
nnitted TO the city jan for period of
thirty days.
The most important matter coming be-
fore the court was the case of burglary
against Byrum AfcInefIy and William
Barker who were represented by Mr..
Knox. The case involved question that
the district courts of the state are di-
vided on and will continue to be so until
the supreme court passes upon the ques-
ton. Since the amendment of the statute
in 1905 some attorneys OF the state have
taken the position that in order to charge
the crime of burglary the parties charged
with the offense must have had the in
tent to commit a felony and that if they
are only charged with the crime of petit
larceny in the information, then it is not
sufficient, the wording of the statute be-
question was raised by Mr.. Knox on de-
murrer, setting out that by reason of the
failure of the information to charge that
the defendants entered the store building
with the intent to commit grand larceny,
the information didn't charge a public
offense. The court in passing upon this
question overruled the demurrer, which
position is different to that taken by
some of the district courts The court
held that the section which provides.
THAT any person who enters building
with the intent to commit larceny or any
other felony" didn't mean that unless the
defendant entered the building with the
intent TO commit grand larceny he was
not guilty of burglary; that the legisla-
ture didn't intend to make burglary in
the first degree a lighter offense than
burglary in the second degree, which
would be the case should the court take
the other position, and that the words
cor any other felony" as mentioned in
the statute were intended 70 designate
such other Offenses amounting to a feI
ony as wen as grand larceny and petit
larceny, and not wishing TO cover the
ground of grand and petit larceny twice,
the legislature used the words or any
other felony" and that the weight of au-
thority upon this subject seems TO be
that If the defendant entered THE building
with the intent OF steal 81, he is as guilty
of the crime of burglary as if he entered
with the intent TO steal $500 The boys
were committed to the State Industrial
school
In the case of Garfield county VS.. Will
lard Pace, George ". Oaklund. John
Covington. Thomas Smith. Willard Heaps
demurrers to the complaints were over
ruled and the defendants given fifteen
days in which to file answers. Court
then adjourned and the jury was dis
charged.
Dilworth Woolley, son of +. d. Wool
lev of Kanab, is in Panguitch on his way
home from Ann Arbor where he took out
a degree from the law department of the
University of Michigan Mr. Woolley has
not decided yet where he will locate, but
ii will likely be in the Sixth district.
Born, July ~, to Mr.. and Mrs Luke Lee
fevre a daughter.
A marriage license was issued today
to w. r. Talbot and Ruby Hatch both OF
Panguitch. They will be married July IS.
George II. Barney of EScalante is in
town visiting his parents.