In re Clark
Utah Supreme Court
Appeal from tbe Third District Court, Salt Lake County.— Son. C. W. Morse, Judge. Application of J. H. Clark for a writ of habeas corpus to review a conviction of grand larceny. ' Prom an ■order denying the writ, the relator appealed, This case was considered and affirmed on appeal in "this court and is reported in 27 Utah 55, 74 Pac.
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Appeal from tbe Third District Court, Salt Lake County.— Son. C. W. Morse, Judge. Application of J. H. Clark for a writ of habeas corpus to review a conviction of grand larceny. ' Prom an ■order denying the writ, the relator appealed, This case was considered and affirmed on appeal in "this court and is reported in 27 Utah 55, 74 Pac. Rep. 119. Whether or not the points now presented were raised before this court at the time the appeal was taken is immaterial. ‘ ‘ The whole case should have been presented at that time. The appellant had the opportunity of bringing the whole matter up and if…
1Opinion of the CourtBaskin, C. J.
The petitioner appeals to this •court from an order of the district court denying his application for a writ of habeas corpus. It appears from the allegations of the petitioner that he and Z. Graham and Albert Clark were jointly charged by information with the crime of larceny, and in a separate count they were also jointly charged with the crime of receiving stolen property, knowing the same to have been stolen; that the property alleged in the first count of the information to have been stolen was the same as that alleged in the second count as having been received, and was the *270personal…
2Cases cited2 opinions
- Ex parte HaysUtah Supreme Court · 1897
- State v. ClarkUtah Supreme Court · 1903