State v. Clark

ELLETT, Justice:

The State appeals from an order made by the trial court dismissing an information wherein the respondent was charged with the crime of burglary in the second degree. There has been no trial of the matter, and the State is therefore entitled to appeal. Section 77-3ÍM-, U.C.A.1953. 'The dismissal was made pursuant to Sections 77-65-1 and 77-65-2, U.C.A.1953 as amended by Laws of Utah 1965, Chapter 157. Those sections, so far as material, read:

Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of this state, and whenever during the…