State v. Davenport

517 P.2d 544, 30 Utah 2d 298, 1973 Utah LEXIS 708

• Court: Utah Supreme Court
• Decided: December 21, 1973
• Docket: 13156
• Status: Published

Opinions

HENRIOD, Justice:

The State has no standing as a litigant-appellant in this case, since the basis for its appeal appears to be stranger to the only four bases upon which the State may appeal, enumerated in Title 77-39-4, Utah Code Annotated, 1953, and referred to in three recent Utah cases, which cases we believe to be dispositive here.¹ The action of the trial court should not be disturbed.²

CALLISTER, C. J., and TUCKETT, J., concur.

1 . State v. Overson, 26 Utah 2d 313, 489 P.2d 110 (1971); State v. Callahan, 26 Utah 2d 304, 488 P.2d 1048 (1971); Hartman v. Weggeland, 19 Utah 2d 229, 429 P.2d 978 (1967), and though not a point treated in the opinion, was suggested in a concurrence in State v. Iverson, 10 Utah 2d 171, 350 P.2d 152 (1960).

2 . It is axiomatic that a jurisdictional question may be entertained at the trial or on appeal without resort to citation of authority or specific prayer on appeal.