Cobb v. Snow

In the prior case petitioner (defendant there) appealed from a conviction of ob taining goods by misrepresentation (State v. Cobb, 13 Utah 2d 376, 374 P.2d 844). He contended that errors were committed which deprived him of a fair trial and his contention was sustained and the judgment was reversed. He now asserts that such reversal, without an express order for a new trial, entitles him to absolute discharge, citing Secs. 77-42-3, 4 and 7, U.C.A.1953.

We disagree. It is well established that where the defendant has complained that errors vitiate the judgment and it is nullified at his…