The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-13
SHEETS IS FREED
ON TECHNICALITY
Complaint Against Chief of Po-
lice Dismissed by Judge
Armstrong.
CASE BUNGLED BY HANSON
DECISION INVITES AN APPEAL
TO SUPREME COURT.

DECISION INVITES AN APPEAL
TO SUPREME COURT.
Chief Of Police George 4. Sheets was
discharged from custody and the con-
spiracy charge against him dismissed yes
terday morning by Judge George G. Arm
strong in the Third district court. This
order was made by the court in a de-
cision granting the motion of the sttor-
neys for the chief Of police to set aside
the information filed against him.
The contention of the attorneys for the
defendant was that the information,
which was almost identical with thS
original complaint filed against the chief
really merged four distinct felonies into
conspiracy charge, which, under the
statutes. Is a misdemeauor. rms view
was upheld by the court after the case
was submitted with arguments by Attor-
neys WedgeWOOd, Thurman and Christen-
sen for the defense and District ATTORNEY
Fred G. Loofbourow for the state The
ruling Of the court did not enter into the
merits of the case one way or the other
but merely held that the complaint, as
il had been drawn by County Attorney
Willard Hanson, was Illegal.
Appeal May Be Taken.
The decision of the court does not nee
the chief on the felony charges as set
forth in the complaint, though I'm order
TO do so new complaints must be drawn
i'll the lower court and new preliminary
hearing had Whether OF not this will
: be done mas not yet been determined upon
by the county attorney. In his decision
Judge Armstrong invites an appeal to the
supreme court. and with this in view the
district attorney took exception to the
finding Of the court and announced his in
tentiOn of comforting with the attorney
general with regard to an appeal.
Il feel that the court was wrong IN
its decision in this case" said Mr. Loot
bOuTOw commenting on the decision, but
cannot say yet whether or not the state
will appeal from the ruling. Ny inten-
ton is to confer with Attorney General
Breeder and consult more authorities be-
fore forming any definite plans as 10
whether or not l will take the case to the
supreme court"
Establishes a Precedent.
The decision of Judge Armstrong is not
only an important one i'm this case, but
an important one as establishing a legal
precedent for the state as a whole. The
question involved is raised in this case
for the first time in Utah, although there
are decisions on il from the supreme
courts of several other states. The ruling
of Judge Armstrong is in effect that a
man charged with committing a felony
cannot be prosecuted for the conspiracy
from which the felony grew. The only
action that can be brought against him
must be for the felony itself As this is
the first judicial ruling on the question
in Utah it seems probable that the SUI
preme court will be asked to pass on the
ruling of the lower court In this case If
the decision is not reversed it will be
rendered final and be considered as the
law in such cases.
Other Cases NoIIed.
The complaints filed by the county at
Attorney William Newton, ". II. Par
rent, ". W. Bell. Larry O'Brien, Jack
o. RTien. James Donaldson and Rosario
RaZZutO- charging conspiracy in cOnnec-
ton with the robbery Of the McWhirters
in this city last September. are identical
with that filed against Chief Sheets and
by the ruling of Judge Armstrong are all
rendered void.
The release of Chief Sheets from the
conspiracy charge is the second time that
he has secured the dismissal of the
charges against him through the legal err
rOrs Of the county attorney. The first
charge filed against him was that of be
ing accessory after the fact In the Nc
Whirter robbery Closely following the
expose of the robbery Chief Sheets was
arrested and given a preliminary hearing
before Judge Armstrong. The complaint
charged him with aiding. and abetting the
perpetrators of the McWhirter robbery
in their escape. The states evidence was
submitted and the attorneys for the de-
Tense moved for a dismissal on the
grounds that It was necessary to prove
some overt act of the chief in aiding the
criminals to escape. The court held with
the defense and the case was dismissed
History of Case.
The last arrest of the chief was on the
confession of W. ii. Parent, one Of the
buncO gang that swindled and robbed the
McWhiTters. The complaint filed charged
criminal conspiracy and accused Chief
Sheets. Captain Raleigh, Attorney VII
liam Newton and a saloon keeper known
as Rosario RazzutO. with being in league
with the McWhiTtetr robbers in the
robbery and swindle Of the two Scotch
men in the AntleT rOOming house last Sep
TENDER. preliminary hearing at which
w. H. Parent. who had turned states
evidence, was the star witness for the
prosecution, was held. Judge ]. J. Whit
aker held Chief Sheets to the district
court.
Information copied from the complaint
dra WIN by the county attorney was filed
in the district court by the district attor-
ney. The complaint alleged that Chief
accused of the crime TO cheat and defraud
tourists passing through Salt Lake. and
further that as 4 part Of the conspiracy
W. W. Bell ana W II. Parent falsely
represented themselves as police officers
and robbed Alexander McWhirter Of S 353.
The Motion to Quash.
When the information was filed the de-
Tense moved that the Information be
quashed on the grounds that the defend
ant was charged with the commission OF
a felony, for which Offense he was never
committed to the district court by a mag
istrate. 1t was claimed that the informa-
ton charged the commission of grand
larceny robbery, obtaining money under
false pretenses and tmpersOnating an Of
ficer with intent to cheat and defraud
while he was committed to the district
court on the charge of criminal cOnspir-
acy and was not given preliminary
hearing on any of the felonies charged.
The defense in its motion further assert
ed that the Information. while charging
criminal conspiracy, recited the commits
sion of these felonies. thereby merging
the conspiracy into the feloniss. though