Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-04-12
SHEETS CASE
IS DISMISSED
Judge Armstrong Today Grants
The Motion OF the Attorneys
For Defense.
INFORMATION NOW QuASHED.
State May Appeal Case to Su-
prenle Court and Get
Final Decision.
Probably Means That Me-" Action
Charging Felony VIII be Conn
menced Against Chief

rblef of Police George A. Sheets VIII
nor nave to stand trial In the district
ccnrt upon the charge OF conspiracy
as Judge Armstrong today granted the
motion of the attorneys Of the defense
RI auash the Information and dismiss
the case
Chief Sheets and his attorneys, s. t.
Thurman. T.. a. Wedgwood and Soren
Y. Christensen were present in court
when the decision was handed down
and seemed well pleased with The re-
SILT OF their efforts TO secure the dis
lnissa Of tho action. The motion to
luash the information wa-s based on
the ground that II charged the defend
ant with a felony and not merely con-
spiracy, which is a misdcmeanor, hence
the feloney cha &C. being the greater
absorbed the misdem eanOr charge.
Such being the case it was held by the
court that the chief had not been given
q preliminary hearing In the couEI be
low ON the charge of felony and had
not been bound over to the district court
OH that charge
MADE NO SUGGESTIONS.
JQutt -NIHl1lTUIlE Illlue Ilp SlS StSllDt
whatever in regard 10 the furth er pro-
eeedipgs in the case but Dist. Atty
LOOfbourow stated that he would con-
suit with the attorney general and de-
eide whether or not the state would
appeal the case to- the supreme court
and get final deelsOnlon the question.
which Is an entirely new one in this
state ana hence has not been passed on
at all by the supreme court The decl.
sion W Che case today means that an
entirely new action WILL have to be
commenced against CHIEF Sheets cilaTg
ing HIM With "a felony or the state VIII
have 70 appeal 20 the supreme court
from the decision of Judge Armstrong
Chief Shect3 was charged with GRIM
inal conspiracy In connection with the
robbery of the McWhirSeI brothers Of
sio,SIS In this city last September He
was given Il preliminary bearing before
Judge Whitaker of the city court and
was bound over to the district court.
The men charged with him are Detec-
tive Raleigh. Jim Donaldson, w n
Parent, Atty William Newton. Jack
and Larry o'Brien w. w. Bell and
Mex Razzuto.
IN drawing up the Information Dist.
Atty, Loofbour0w followed the COM
plaint of County Atty. Hanson and set
forth allegations showing the commits
siou OF felony In carrying out the
conspiracy charge The statutes re-
qulTe that some overt act besides the
mere agreement for the conspiracy
should be alleged in order To make the
complaint good on conspiracy charge.
IN ths case the acts committed In pllr-
suance 10 the conspiracy were felonies,
such as robbery, obtaining money by
fe!se pretenses and grand larceny,
hence the Information charged the COM
r1sslcn OF felony and she misdemean-
OF charge was therefore merged into
the charge of felony and the court so
ruled
COURTS DECISION.
The decision of The court follows in
full
In the case OF the Stateof Utah VS..
George a sheets, this Is the time here
Toiore sci for the court 10 make it's
ruling on the motion TO set aside oil
quash the information. The court
has not only given II days of time but
has pretty near exhausted the state
law library for authorities In this mat
ter.
In this case find that the defendant
Sheets was bound over to this court
TO answer to the crime OF criminal con-
spiracy The district attorney has
llied an information charging the de-
PENDANT IN the Same or nearly the
Same words that are used by the coun
~ attorney in the complaint. and set
ting out as facts the acts done In pnr-
suanca TO the conspiracy, and as 90
SET out there IL no question In the
mind Of the court that at Least one n
not three, felonles have been charged
10 have been committed. Under the
statutes Of this state II II necessary
70 set OUT eone act in addition to the
ngreenent of the parties. ana that such
act was done to effect the object oil
such al bf
attorneys for tho state hive stated the
act or acts whlrh they would attempt
70 prove on the -ial. If one We're had
II the acts proven bore out the al.
lepauons. then ] am Of tho opinion
,hat n Felony would have been shown
~ IT'S complete details. There Is moth
ing before this court showing that ans
acts could be shown which would mo-
prove The complete commission OF thu
felony,
MERCER WITH FELONY.
The American courts seem 10 follow
the reasoning Of the early EnglisI
cases, and not the finding made b,
the English Judges IN 1913 and in thl'
country u seems to be tho settled Law
that T1iisdemeanors and felonies merg,
only where they form n constituent
part OF the same act. but that the,
do merge when the same act involve
both offenses. number Of authorl
ties state that a conspiracy TO corn
NIT felony Us only one step toward
the copletlon OF the act. and In hi
case where only one act IL set 0llt an,
that act IL relied upon TO prove IN
conspiracy and II also, II proven
would show the completed felony, am
can not be so separated as to PROV
the lnisdsmeAnor ana Yet stop shor
Of proving the completed felony.
would seem that the cnnEpIrncv helm