State v. Swenson

HOWE, Associate Chief Justice:

The State appeals from an order dismissing a criminal information against defendant Arnold J. Swenson which charged him with three counts of the sale of securities by an unregistered agent in violation of Utah Code Ann. §§ 61-1-3(1) and 61-1-21 (1989 & Supp.1990). A motion to dismiss was filed by defendant before the date set for trial. In his motion, he contended that the definition of the term "agent” in section 61-1-3(1) is unconstitutionally vague in violation of both the Fourteenth Amendment to the United States Constitution and article I, section 7 of the…