Cassidy v. Second Judicial District Court

WOLFE, Justice.

By this proceeding in prohibition petitioner Cassidy seeks to restrain defendant Second Judicial District Court in and for Weber County and defendant Ellett, sitting as judge thereof, from proceeding with the trial on a questioned indictment in the case of State of Utah v. Cassidy now pending in said District Court.

Cassidy was indicted for perjury by the grand jury of Weber County on June 28, 1944. The indictment returned specified four “counts” which so far as the indictment shows are in reality four separate offenses. The district court decided that under Section 105-21-81,…