Nelson ex rel. Nelson v. Green

ELLETT, Justice:

The appellant was convicted of drunk driving in violation of Roy City ordinances. He was sentenced by the Roy City Court to serve time in jail. Thereafter he filed a petition in the District Court for a writ of habeas corpus. The writ was denied and he prosecutes this appeal.

The only assignment of error is that the Roy City Court had no jurisdiction to try the appellant or to sentence him to jail since he was a minor.

This issue was disposed of in the case of Dimmitt v. City Court of Salt Lake City, 21 Utah 2d 257, 444 P.2d 461. There was a lack of unity in the ruling in that…