Utah Supreme Court, 1914

State v. Justice

Utah Supreme Court · Decided May 28, 1914 · Erick, McOanty, Stpaup

44 Utah 484; 141 P. 109; 1914 Utah LEXIS 50

Cases that cite this one

3 later published cases cite this decision.

Rice v. Rehner (Supreme Court of the United States 1983)
State v. Shondel (Utah 1969)
State v. Bingham (Utah 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

STPAUP, J.

There are two cases by the same title, Nos. 2572 and 2582. In each the defendant was convicted of selling intoxicants to an Indian of the whole blood, and was, under Comp. Laws 1907, section 4298, sentenced to imprisonment in the state prison. He appeals and contends that that section in such particular was repealed by chapter 106, Laws 1911. The contention is well founded. State v. Carman, 44 Utah, 353, 140 Pac. 670. Under the former section the act charged is a felony, under the latter a misdemeanor. The only sentence, therefore, which the court was authorized *485to impose was for a misdemeanor. Tbe judgments imposing tbe sentences are reversed and vacated; tbe cases remanded, with directions that tbe defendant be required to appear before tbe district court for resentence under section 65, cbap. 106, Laws 1911.

McOANTY, C. J., and ERICK, J.. concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.