Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-04-09
Attorneys for Chief OF Police
Working vaIiantly to Sc
cure Dismissal.
ARGUMENTS HEARD TODAY
On Motion To Quash the Information
Now ON File--They Want Felony
Charge Substituted.

The attorneys for Chief Of Police
George Sheets are putting up hard
fight before Judge Armstrong In the
district court, TO secure the dismissal
Of the information charging the chief
with conspiracy, and TO that END the
final arguments on thetr motion TO
quash the information now on file were
heard In court this morning and the
matter was taken under advisernent
until Friday morning al 10 o'clock. The
time for the chief to enter his plea
WAS also continued until that date.
1t is claimed by the attorneys for the
chief that the present information
charges several felonies ana tnat ths
charge OF conspiracy, being rnisde-
meancr, is merged In the felony
charge. Such being the case II is thelr
contention that the information will
have to be dismissed and new pro
ceeding instituted and new preli1i-
inary hearing had upon the felony
charge They realize that the state
might not be able to convict Sheets
OF a felony, and hence he would go
free and without any punishment for
the part ne Is alleged to have taken In
the conspiracy by which the McWhir-
ter Bros. were robbed OF over $4,000 In
this city last September.
AUTHORITIES CITED.
Dist Atty Loofbourow opened the
arguments this morning and cited a.
number OF authorities in support Of his
contention that the misdemeanor Is not
merged In the felony. He commended
that the statute requires that Some
overt act be set forth In the informa-
ton charging conspiracy in addition TO
the mere agreement between the parties
charged 70 form a conspiracy That
being the case he alleged the robbing
of the McWhrter brothers as an act
resulting from the conspiracy between
CHIEF Sheets. Detective Raleigh. Jim
Donaldson, w. H. Parent. Jack ard
Larry O'Brlen, w. w. Bell, William
Newton and Nick Raz2uto. He admit
ted that this Is the first time the point
has ever been raised In this state and
that there Is a difference of opinion
among the authorities on the subject
He also argued that 1t is within the
discretion OF the court to dismiss the
conspiracy charge and direct that the
defendant be tried for felony IL the
interest OF justice demanded such a
step,
THURMAN'S ARGUMENT
Atty. S. r. Thurman made the clos~
ing argument in support of the motion
to quash the information. He did not
agree with the district attorney that "
Is within she discretion OF the court 10
order the prosecution to proceed upon
the charge of a. felony. The only. thing
for the court to do. he continued Is TO
sustain the motion and quash the in-
formation and then the state can pro-
coed as It sees at on the more serious
charge by giving the defendant new
preliminary hearing upon any charge
which might be brought against him.
He Insisted that the conspiracy
charge is merged In the more serious
offense of a felony, and that the court
cannot proceed any further In the
case charging conspiracy. A num-
Der Of authorities were cited by the
attorney in support OF that contention.
Should the court proceed with the
trial OF the defendant for conspiracy,
Mr.. Thurman argued, and the evil
dence showed that a felony had been
committed he might be again hauled
into court on a charge which arose out
of the conspiracy case and hence
would have to stand trial for several
charges arising out of the same facts
and case.
DISTINCTION AND DIFFERENCE
Mr. Thurman stated that the de-
PENDANT was not complaining about be-
ing charged with conspiracy but he
does complain that the information
charges him with felony and he has
not had a preliminary hearing on that
charge Hence the information should
be dismissed. At the con cusion of his
argument the case was taken under
advlsement until Friday morning and
the authorities cited by both attor-
neys were submitted for the considers
lion OF the court