The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-13
SHEETS Is FREED
ON TECHNICALLY
Continued from Page

Continued from Page /.
George A. Sheets. this is the time here
tOfore set for the court TO make its rus
ing on the motion TO set aside or Quasb
the informa ton. The court has not only
given il days OF time. but has pretty
nearly exhausted the state law library Tor
authorities in this matter.
In this case l find that the defendant,
Sheets. was bound over to this court 10
answer To the crime of criminal con-
sDiracy. The district attorney mas filed
an information charging the defendant
in the same or nearly the same words
that are used by the county attorney IN
the complaint. and setting out as IactS
the acts done in pursuance To the con-
spiracy, and as SO set out there Is no
question in the mind of the court that al
least one. II not three. felOnIeS have been
charged TO have been committed. IN
der the statutes Of this state 1t i neces-
Sary TO set out some act IN duuiIlOn 10
the agreement of the parties, and that
such act was done to effect the object
OF such agreement And take II the
attorneys for the state have stated the
act or acts which they would attempt
to prove on the trial. If one We're mad
If the acts proven bore out the aleSa-
tons then ! am of the opinion that
felony would nave been shown IN lts cont
plste- details. There Is nothing before
this court showing that any act could be
shown which would not prove the COM
plete commission Of the felony
Reasons for Ruling.
The American courts seem TO follow
the rea souius of the early English cases
and not the finding made by the Eng
fish judges i'm 1915. and in this country
IL seems to be the settled law that mis-
demeanCrs 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. \
number Of authorities state that coz
spiraCy to commit d felony Is only one
step towards the completion of the act.
and in this case where only one act Is
set out and that act is relied upon To
prove the conspiracy and it also. If prov
en-. would show the completed felony, and
cannot be so separated as to prove the
mlSdemeanOr and yet stop short OF prov
ing the completed felony it would seem
that the conspiracy being but one step
towards the completion OF the as. and
being a constituent part Of the at. ami
that this act involves both offense.. that
the information and complaint charge at
least one felony. If not mOra. ana that
the misdemeanor merSes INTO that fe!-
Ony.
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
it declares that this doctrine. as ] un-
derstand the authority. is declared the
doctrine of the adjudications in this coun-
try.
Information Is ouashed.
Being satisfied that this act cannot
De cons lldt'N. ana lldL there - TO sup
ping point from the time the act is start
ed until II is completed, I believe that
the merger takes place and that this in
formation really charges a felony, and
that the defendant has not been bound
over to this court Dy the committing
magistrate for such felony therefore ii
is my duty to quash this information
The order may be so entered.
I suggest TO the state that if they
are not satisfied with this ruling Of the
court that they appeal this case to the
supreme court that they may nave tlnai
ruling on this matter believe the IS
sues are clearly before the court and that
no better case could be found IN which
il could be more clearly set forth be
fore the supreme court If they do not
care 20 do that. then they can take such
steps as they see fit with regard 10 the
offenses they have charged.
As soon as the court had finished Dis
trict Attorney Loofbourow arose ana
THE court will permit US to take ex-
ception to the ruling. / VIII take the
matter up with the attorney general and
see what Il any, steps ne desires to take
in the matter
Considerable speculation is being in
dulged in as to what course the prose
cufion will now pursue. COUNTY Attorney
Willard Hanson is out of the city, but
il was stated on authority that in case
the matter was appealed ana the supreme
court affirmed the ruling of the lower
court. the county attorney will file a
complaint charging criminal conspiracy.
without alleging that the felonies actual
" were committed, as in the case Of the
Complaint which was held invalid YES
terdav. II IS not considered probable
that complaints charging the commission
of a felony will be drawn but an effort
will he made to overcome the legal OBJ
stacles by amending the complaint just
passed upon.
Chief Sheets yesterday afternoon de-
cIined to comment on the ruling of the
court further than TO say he had an
ticipated the action of the court and the
decision came as no surprise to him.
Ready for the Next Move.
Attorney Soren y. Christensen. leading