State v. Endsley
Utah Supreme Court
Appeal, from the Seventh District Court, San Juan County, Hon. Jacob Johnson, Judge. Defendant was prosecuted and convicted of the offense of grand larceny, and insists that the trial court erred in refusing to discharge him upon motion made for that purpose and based on the ground that the case was not tried at the next term after filing the information. as required by Sec. 5065, E. S. 1898.
1Opinion of the CourtBaetch, C. J.
The defendant in this case was prosecuted for and convicted of the offense of grand larceny. On this appeal, it is insisted that the court erred in refusing to discharge the accused upon motion made for that purpose, and based on the ground that the case was not tried at the next term after filing the information, as required by Sec. 5065, B. S., which provides:
‘ ‘ The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed in the following cases: •
“1. When a person has been held to answer for a public offense, if an information is not filed nor an…
2Cited by8 opinions
- State v. BrownUtah Supreme Court · 1909
- State Ex Rel. Sims v. CaruthersCourt of Criminal Appeals of Oklahoma · 1908
- State v. MathisUtah Supreme Court · 1957
- State v. MontgomeryUtah Supreme Court · 1910
- Budd v. Salt Lake City R.Utah Supreme Court · 1901
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