The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-04-13
Judge Armstrong Holds Thai
There Can Be No Merger of
Felony and MisdemeanOr.
PROSECUTORS OF SHEETS
FOLLOW WRONG COURSE
Assistant Prosecutor LOofbour.
ow Takes an Exception to
the Courts Ruling.

Neotee "A Sheets, cnlef OF police, IS
again free man. Judge George G..
Armstrong of the District court YES.
terday quashed the Information against
hlm, and If any further proceedings are
taken the county attorney will have 10
nle a new and better information. The
Judge held that there was a merger OF
the mlsdemeanor and felony, that at
least one felony was charged, and that
the mlsdemeanor merged into IT.
The contention Of the attorneys for
the defense was that the information
charged felony and the prosecution
were attempting to try Sheets on a mis-
demeanor. They showed that there was
an evident purpose in this. for If the
chief should be acquitted on a msde,
meanor he could again be arrested in
the same case and subjected TO no end
OF persecution whenever il occurred to
the feeble mind of the county attorney
whack at Sheets Knowing the inno.
cence of George Sheets of any compl-
city IN the crime with which he is
charged, his attorneys were anxious that
he should be tried at once, not for a
misdemeanor, but for the greater and
more serious felony alleged and all
along charged, at least by imputation.
This done the matter would be settled
once for all.
Judgment was read, as were his attor-
neys, Soren Y. Christensen and Sam r
Thurman, r. C. Loofbourow was pres
ent for the prosecution. Sheets re-
ceived many congratulations at having
won the first round iu the fight
County Attorney Hanson Will have
to file another complaint If be carries
the case any further. HIS experience,
so far, in trying to carry out the com
rNf nf IN h,o he nd a ia
the head of the police force of Salt
Lake, has not been so successful as 10
lead to the belief that he is anxious
to try 1t again unless he is so ordered.
New complaints will be necessary in
the other eases. As these have not
vet had their preliminary examination
this viii be an easy matter.
Judgment i'll Full.
The full text of the Judgment fol,
lows:
In the case Of the State of Utah vs.
George A. Sheets. this is the time here
tofore set for the Court 10 make its rul-
ing the motion 10 set aside or quash
the information The Court has not only
given il days of time. but mas pretty
for authorities in this matter
In this case | find that the defendant
Sheets was bound over to this court to
answer 10 the crime OF criminal con.
spiracy. The District Attorney has fled
an information charging the defendant III
the same or nearly the same words that
complaint. and setting out as facts the
acts done in pursuance TO the conspiracy.
and so set out there is no question
IN the mind OF the Court 1hat at least
one. If not three. felonies have been
charged TO have been committed I'm
der the statutes OF this State II Is neces-
the agreement OF the parties, and that
such act was done TO effect the object
of such agreement. And I take II the
attorneys for the State have stated the
act or acts which they would atenlpt
to prove the trial IL one were had.
II the acts proved bore out the allega
tions, then | am of the opinion that
felony would have been shown in ts
complete details. There is nothing be-
fore this court showing that any ACT
could be shown which would nor prove
The Settled Law.
The American courts seem to follow
the reasoning of the carry English cases
and not the finding made by the English
judges in lSiS, and in This COUNTRY it
demeanors and felonies merge only where
they form a constituent part OF the same
act. but that they do merge when the
same act involves both offenses. num-
ber Of authorities state that conspiracy
TO commit felony is only one step to-
ward the completion OF the act, and IN
this case where only one acr is set out.
conspiracy and II also, II proven, would
show the completed felony, and cannot
he so separated as 10 prove the misde-
meanor and yet stop short of proving The
felony. II would seem that tho
being but one step toward
the completion Of the act and being a
constituent part OF the act. and that this
act involves both oftenseS. that the in
and complaint charge at least
rne felony. Ii not more and that the
merges Into that felony.
This rule is recognized by the courts
Of this country. especially by the courts
of Massachusetts. New York and Penn
sylvania. and In one of the Federal cases
il declares that this doctrine. as | un-
lerstand the authority, is declared the
doctrine OF the adjudcations In this coun-
Being satisfied that this a cannot he
conspiracy, and that there '' no stopping
lntil 1t Is completed. | believe that the
merger takes place ana that this tnfor-
nation really charges a felony. and thot
he defendant has not been bound over
rate for such felony. therefore. # Is my
luty to uuash this information. Tho
,rder may be so entered.
l suggest 10 The State that II th"N -
lot satisfied with this ruling OF thc "",''.
hat they appeal this Gaze TO tho ~r-
,reme court. that they may have a iun!
uling on this matter, believe tne rs
ues are clearly before the court anG Ir3,
could be more clearly set forth he
ore the Supreme court If they DO MOI
are TO do that then they can take such
tens as they see ut with regard 80 the
nenses they have charged
Mr. I,oofbourow remarked when jr 'sc
armstrong concluded; THE court %lN
ermit us in take an exception 20 80
uiing. I Will take the matter up witL
he Attorney General and see what If
nv. steps he dcsires to take in the mer-
or.