State v. Morrey
Utah Supreme Court
Appeal from the Seventh District Court, San Pete County.— Hon. Jacob Johnson, Judge. Defendant was prosecuted and convicted of the crime of rape and appealed to the Supreme Court, claiming that the trial court was without jurisdiction to try the cause, the information having been filed by the district attorney instead of the county attorney.
1Opinion of the CourtBartch, J.
The defendant was charged with and prosecuted for the crime of rape, and convicted of the crime of adultery. Upon being sentenced to confinement in the penitentiary for eighteen months, he appealed to this court. The appellant contends that the court had no jurisdiction to try the case, and that, therefore, the conviction and judgment are void. The record shows this contention to be well founded. The information, under which the prisoner was convicted, was filed *275by the district attorney, under the act approved March 9, 1899, Sess. Laws 1899, e. 56, p. 77.
In State v. Beddo, 63 Pac. Rep. 96,…
2Cases cited1 opinion
- State v. BeddoUtah Supreme Court · 1900
3Cited by6 opinions
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- State v. McNallyUtah Supreme Court · 1901
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