Legal Opinion
State v. Kelbach
Utah Supreme Court
Decided September 9, 1977No. 15060PublishedCited by 12 opinions
1Opinion of the Court
CROCKETT, Justice:
The state appeals to challenge the propriety of sentencing the defendants to life imprisonment instead of death upon their conviction of first degree murder. Defendants move to dismiss on the ground that no such appeal by the state is authorized by law.
Defendants argue that the only appeal permitted the state in criminal cases is as stated in Sec. 77-39-4, U.C.A.1953:
Appeal by state, in what cases. — An appeal may be taken by the state:(1) From a judgment of dismissal in favor of the defendant upon a motion to quash the information or indictment.(2) From an order arresting…
2Cases cited9 opinions
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Jurek v. TexasSupreme Court of the United States · 1976
- Proffitt v. FloridaSupreme Court of the United States · 1976
- Great Northern Railway Co. v. Sunburst Oil & Refining Co.Supreme Court of the United States · 1932
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. LaycockUtah Supreme Court · 2009
- Pilcher v. State, Department of Social ServicesUtah Supreme Court · 1983
- Wickham v. GaletkaUtah Supreme Court · 2002
- State v. AmadorCourt of Appeals of Utah · 1990
- State v. SalmonUtah Supreme Court · 1980
7 more not listed; retrieve them via the Exa API.