State v. Draper

Utah Supreme Court

State v. Draper

151 P.2d 710, 107 Utah 67, 1944 Utah LEXIS 121

CourtUtah Supreme Court

DecidedSeptember 20, 1944

DocketNo. 6714.

StatusPublished

This text of 151 P.2d 710 (State v. Draper) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Draper, 151 P.2d 710, 107 Utah 67, 1944 Utah LEXIS 121 (Utah 1944).

Pincite

Opinion

PER CURIAM.

The principles of law presented for our determination in this case are identical to those decided in State v. Walsh, 106 Utah 22, 144 P. 2d 757. Upon the authority of that case, we hold that the defendant’s motion to quash the information should have been granted. The allegations setting forth defendant’s prior convictions were insufficient to charge that the defendant was an habitual criminal. The judgment of the lower court is reversed. The matter is remanded for new trial on the substantive crime of burglary in the second degree.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The principles of law presented for our determination in this case are identical to those decided in State v. Walsh, 106 Utah 22, 144 P. 2d 757. Upon the authority of that case, we hold that the defendant’s motion to quash the information should have been granted. The allegations setting forth defendant’s prior convictions were insufficient to charge that the defendant was an habitual criminal. The judgment of the lower court is reversed. The matter is remanded for new trial on the substantive crime of burglary in the second degree.

Cite This Page — Counsel Stack

Bluebook (online)

151 P.2d 710, 107 Utah 67, 1944 Utah LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-draper-utah-1944.

Opinion

Related

Cite This Page — Counsel Stack