State Ex Rel. Welling v. Third Judicial District Court Ex Rel. Salt Lake County

WOLFE, Justice.

On the application of the relator, a temporary writ of prohibition was issued to the trial court enjoining the said court from proceeding further in the case of State V. Welling until we had opportunity to consider the question of whether the information accusing the defendant of a violation of section 7929, Comp. Laws Utah 1917, now carried as section 103-26-7, R. S. Utah 1933, stated an offense, and whether, if not, such failure was jurisdictional. That section reads as follows:

“Every person who, with intent to defraud, presents for allowance or for payment to any state board…