State v. Zeimer

10 Utah 2d 45 (1960)

347 P.2d 1111

STATE OF UTAH, PLAINTIFF AND RESPONDENT,

v.

JACK ZEIMER, DEFENDANT AND APPELLANT.

No. 9013.

Supreme Court of Utah.

January 5, 1960.

A. Jerry Butler, Salt Lake City, for appellant.

Walter L. Budge, Atty. Gen., Vernon B. Romney, Asst. Atty. Gen., for respondent.

McDONOUGH, Justice.

From the granting of a new trial solely on the issue of whether he was an habitual criminal, and from the instructions to the jury on that issue, defendant appeals. Defendant contends that the court cannot grant a new trial solely on the issue of prior convictions because the jury which…