Oliver v. Mitchell

McDonough, justice.

Action for attorney’s fees. From a judgment for plaintiff in the sum of $2,500 and an order vacating a stay of execution, defendant appeals.

In 1953 and 1954 the plaintiff, D. H. Oliver, represented the defendant, Charles Mitchell, throughout the prosecution of Mitchell on a charge of first degree murder. Mitchell was then impecunious but promised to pay Oliver when he could. In addition, at Mitchell’s arraignment Oliver was appointed as counsel by the trial court. Mitchell was convicted by the jury of second degree murder and was sentenced to a term in the Utah State…