State v. Lee Lim

(dissenting.)

In my opinion, the law announced by this court in Re Flint, 25 Utah 338, 71 P. 531, 95 Am. St. Rep. 853, and followed in the case of Mackelprang v. Walker, 74 Utah 121, 277 P. 401, is controlling in this case. The facts in the Flint Case are thus stated in the opinion:

“On the 25th day of February, 1902, the defendant in this case was duly convicted in the Second judicial district court of this state of the crime of forgery. The court made an order directing the defendant to appear March 5, 1902, for sentence. The case was again continued, and March 12, 1902, was fixed as the time…