State v. Davenport

HENRIOD, Justice:

The State has no standing as a litigant-appellant in this case, since the basis for its appeal appears to be stranger to the only four bases upon which the State may appeal, enumerated in Title 77-39-4, Utah Code Annotated, 1953, and referred to in three recent Utah cases, which cases we believe to be dispositive here.1 The action of the trial court should not be disturbed.2

CALLISTER, C. J., and TUCKETT, J., concur.. State v. Overson, 26 Utah 2d 313, 489 P.2d 110 (1971); State v. Callahan, 26 Utah 2d 304, 488 P.2d 1048 (1971); Hartman v. Weggeland, 19 Utah 2d 229, 429 P.2d…