State v. McKenna
Utah Supreme Court
Appeal from tbe Fourth District Court, Utah County. — Hon. T. Marioneaux, Judge. Ail information was filed against tbe defendant under section 4423, Revised Statutes 1898, for displacing a part of a railroad. Upon tbe trial the defendant objected to any evidence being given in the case on tbe part of tbe State on tbe ground that tbe information did not state any public offense. Prom a judgment discharging tbe defendant and releasing bis bail, tbe State appealed.
1Opinion of the Court
MINER, O. J.
An information was filed against tbe defendant substantially in tbe following language: “Tbe said P. J. McKenna, on tbe nineteenth day of August, A. D. 1901, at tbe county of Utah, State of Utah, unlawfully, maliciously, and feloniously did displace a part of a railroad, to-wit, tbe air hose and two angle cocks on a train of cars, tbe property of tbe Rio Grande Western Railway Company, a corporation, by then and there unlawfully, maliciously, and feloniously closing said angle cocks, and parting said air hose, thereby cutting off tbe air line on said train of cars.” To this…
2Cases cited5 opinions
- People v. McLeanMichigan Supreme Court · 1888
- Koster v. PeopleMichigan Supreme Court · 1860
- Hall v. PeopleMichigan Supreme Court · 1880
- People v. MarionMichigan Supreme Court · 1873
- State v. BoothUtah Supreme Court · 1899
3Cited by5 opinions
- State v. TophamUtah Supreme Court · 1912
- Abrams v. StateCourt of Criminal Appeals of Oklahoma · 1916
- People v. GarciaAppellate Division of the Superior Court of California · 1931
- State v. LundUtah Supreme Court · 1930
- State v. SwanUtah Supreme Court · 1906