STATE v. SANDMAN

No. 8202.

4 Utah 2d 69 (1955)

286 P.2d 1060

STATE OF UTAH, PLAINTIFF AND APPELLANT, v. JAMES P. SANDMAN, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

August 15, 1955.


Attorney(s) appearing for the Case

E.R. Callister, Atty. Gen., Walter L. Budge, Asst. Atty. Gen., for appellant.

Arthur Woolley, Ogden, for respondent.


CROCKETT, Justice.

James P. Sandman was charged by information with the crime of resisting a public officer in the discharge of his official duties. After the jury was impaneled and sworn and the district attorney made his opening statement, counsel for defendant interposed a motion to dismiss. The motion was granted upon the ground that the information, supplemented by the opening statement and an offer of proof by the state, failed to make out a public offense....

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