State v. Callahan

488 P.2d 1048 (1971)

26 Utah 2d 304

STATE of Utah, Plaintiff and Appellant,

v.

John Michael CALLAHAN, Defendant and Respondent.

No. 12488.

Supreme Court of Utah.

September 24, 1971.

Vernon B. Romney, Atty. Gen., Lauren N. Beasley, Asst. Atty. Gen., Salt Lake City, for plaintiff and appellant.

Findley P. Gridley, Ogden, for defendant and respondent.

CALLISTER, Chief Justice.

The State appeals from a criminal prosecution, tried before the court, wherein defendant was found not guilty.

Defendant was tried for a violation of Sec. 76-28-54, U.C.A. 1953, an indictable misdemeanor. Specifically, he was charged…