[Download] "State Utah v. Jerry Verne Strand" by Supreme Court Of Utah ~ Book PDF Kindle ePub Free
eBook details
- Title: State Utah v. Jerry Verne Strand
- Author : Supreme Court Of Utah
- Release Date : January 14, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
HOWE, Justice: We granted defendant's petition to bring this interlocutory appeal from the denial of his motion to dismiss a criminal information on the ground that the applicable four year statute of limitations has run on the offense charged. On August 24, 1981, an information (the August information) was filed against defendant charging him with making false material statements under oath on January 18, 1978 in violation of U.C.A., 1953, § 76-8-502(1). Preliminary hearing was scheduled for December 15, 1981. Trial was set for January 13, 1982, five days before the statute of limitations would have run but for the filing of the information. At the specific instance and request of defendant, arraignment was postponed until January 29, 1982, eleven days after the statute of limitations would have run for but for the filing of the information. On that date defendant moved the court to dismiss the information against him on the ground that it was not signed by the prosecuting attorney as required under Utah law, and that the court was therefore without jurisdiction. The motion was taken under advisement and subsequently granted on February 24, 1982. No appeal was taken from that ruling.