The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-09-26
ASKS DISMISSAL
OF SHEETS CASE
Argument Is Made, by
Attorney E. A. Wedg-
wood.
CITES MANY AUTHORITIES
SAYS CONSPIRACY AND BRIBERY
CHARGES ARE IDENTICAL.

For four hours yesterday E. A. Wedg-
wood of counsel for George A Sheets
argued the motion Of the defense to dis
miss the bribery charges against the for
mer chief before Judge Charles w. Morse
OF the district court. The defense will
G con lts argument this morning and
Ere derrick c. LOofbourow. district attor-
ney, and Willard Hanson, county attor-
ney. VIII then make the argument in be-
half of the state. Judge Morse will IN
dOubtedly take the matter under advise
ment and a decision is not expected for
a week or more.
The burden of Mr.. Wedgwood's argu-
ment yesterday was that the state has en-
deavored TO base two charges upon the
same state of facts. First the conspiracy
charge was made with the allegation as
a basis that Sheets conspired with the
men who 'flimflammed" the McWhirters
and received as his portion of the spois
OF this notorious robbery 81 $50 This
charge was dismissed by Judge Armstrong
because it Joined a felony and a misde-
meanor- Then the charge was made that
Sheets received this same 81 $50 from the
ounco men as a bride to influence him
in his official capacity as chief of police
and to allow them to go unpublished
Mr. Wedgwood argued that in present
ing the bribery Information the state had
based 1t upon the same state of facts as
the conspiracy information, the only diff
ference being that the nature of the
crime charged is different
tirely different nature from the same state
or Facts, said the attorney, and in sup
port OF his contention cited a score or
more of cases bearing upon the point
from the leading courts Of the country.
transcripts Are Submitted.
The transcripts of the evidence taken
in the justice courts at the various Sheets
hearings were called to the attention of
the court and it was shown that the tes-
timOny in the conspiracy case and the
bribery case were Identical In effect
IF man burns a house and thereby
causes the death of a human being he can
be charged with murder or arson" ar
gued Mr.. Wedgwood, but If the state
elects to prosecute him on the arson
charge and fails, then it cannot proceed
against him on the murder charge. In
this case Sheets is first charged with be-
$3.50 as his share in the spOils of the
McWhirter transaction. The state fail
ing in this now charges him with ac-
cepting this same 81, $50 as a bride which
before it alleged he took as a result OF
a conspiracy with the bunco men. The
charges both grow out of the same trans
action and the case at bar ls Identical
with the hypothetical case which l have
cited.
The question of the Jurisdiction of the
justice court was also brought into ques-
ton and an extended argument made on
this point. While the bribery case was
before Justice Bishop the conspiracy case
was still pending in the district court.
and it was asserted by Mr.. Wedgwood
that this was placing Sheets twice in jeO-
pardy for the same OffenSe and that JUS
tice Bishop had no power at the time he
committed the chief to the district court
for trial on the bribery charge to either
hear or determine.
The defense was represented by Soren
X Christensen and S. R. Thurman in
addition to Mr.. Wedgwood-