State v. Buker
Utah Supreme Court
Appeal from the Fourth District Court, Utah County.— Hon. John E. Booth, Judge. Defendant was prosecuted and convicted of the crime of adultery and appealed to the Supreme Court, claiming that the trial court was without jurisdiction, the information against him having been filed by the district attorney instead of the county attorney.
1Opinion of the CourtBabtch, J.
The defendant was prosecuted for and convicted of the crime of adultery, and after having been sentenced to the penitentiary, he appealed to this court. The contention of the prisoner here is that the icourt had no jurisdiction to try the case, because the district attorney, instead' of *277the county attorney, filed tbe information, under which he was convicted and sentenced. This contention is tenable. The record shows that the district attorney did file the information. This, that officer had no authority to do, and, therefore, the court acquired no jurisdiction of the cause and its judgment…
2Cases cited2 opinions
- State v. BeddoUtah Supreme Court · 1900
- State v. MorreyUtah Supreme Court · 1901
3Cited by4 opinions
- Connors v. PrattUtah Supreme Court · 1910
- State, Ex Rel. Cannon v. LearyUtah Supreme Court · 1982
- State v. MerrittUtah Supreme Court · 1926
- State v. McNallyUtah Supreme Court · 1901