Legal Opinion
Van Dam v. Morris
Utah Supreme Court
Decided November 3, 1977No. 15059PublishedCited by 11 opinions
1Opinion of the Court
MAUGHAN, Justice:
Kim McHenry was charged with the crime of an assault against a peace officer as provided in Sec. 76-5-102.4. Such a crime is classified as a Class A misdemean- or. A preliminary hearing was held in the city court. At the close of the presentation of the State’s evidence, defense counsel made a motion to dismiss. The motion was granted.
The State proceeded to file another complaint. At the inception of the preliminary hearing, defense counsel made a motion to dismiss based on the provisions of 77-51-6. That motion was granted.
The State then sought an extraordinary writ in the…
2Cases cited5 opinions
- Burris v. Superior CourtCalifornia Court of Appeal · 1974
- Koski v. JamesCalifornia Court of Appeal · 1975
- Wells v. Justice CourtCalifornia Court of Appeal · 1960
- State v. HaleUtah Supreme Court · 1927
- Nickolopolous v. EmeryUtah Supreme Court · 1922
3Cited by11 opinions
- State v. HumphreyUtah Supreme Court · 1991
- State v. EasthopeUtah Supreme Court · 1983
- State v. BlackUtah Supreme Court · 2015
- State v. Rodriguez-LopiCourt of Appeals of Utah · 1998
- State v. WilkinsonNebraska Supreme Court · 1985
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