Clare v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

It is understood that the suspension of the sentence of one convicted of crime is not, in the absence of statutory authority, one of the inherent powers of the trial judge. See State of Utah v. Zolantakis, 70 Utah, 296, 259 Pac., 1044, 54 Amer. Law. Rep., 1463, and authorities cited in notes on page 1471 of 54 A. L. R.

In this state the subject is covered by statute and limited thereby. That is to say, that the accused, at any time after the term of his conviction has expired, may, upon showing that he has not been subsequently convicted, be…