State v. McNally
Utah Supreme Court
Appeal from the Fifth District Court, Beaver County. — ■ Hon. E. V. Higgins, Judge. Defendant was prosecuted for and convicted of the crime of arson and appealed to this 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 CourtBartch, J.
The defendant was prosecuted for and convicted of tbe crime of arson, and was sentenced to a term of fourteen months in the State prison. He thereupon appealed, and now challenges the legality of' his conviction and sentence, on the ground that the court- had no jurisdiction to try the case. The appellant’s contention must be sustained. The record shows that the district attorney and not the county attorney signed and filed the information under which the prosecution was conducted. This the district attorney had no power to do, and consequently the court acquired no jurisdiction. Its judgment…
2Cases cited3 opinions
- State v. BeddoUtah Supreme Court · 1900
- State v. MorreyUtah Supreme Court · 1901
- State v. BukerUtah Supreme Court · 1901
3Cited by2 opinions
- Connors v. PrattUtah Supreme Court · 1910
- State, Ex Rel. Cannon v. LearyUtah Supreme Court · 1982