State v. Archuletta

ELLETT, Justice:

The defendant was charged by an information with a second-degree felony, to wit, aggravated assault. His motion to quash was by the trial court granted “without prejudice for a new filing” on a charge of assault, and the State has appealed. 1

The information charged:. . . Aggravated Assault By A Prisoner, in violation of Title 76, Chapter 5, Section 103(2) (a), (Felony of the Second Degree), Utah Code Annotated, 1953, as amended, as follows, to-wit:

That on or about the 4th day of December, 1973, in Salt Lake County, State of Utah, the said Vincent Joseph Archuletta, a prisoner…