WORTHEN, Justice.
Intermediate appeal from an order of the lower court denying defendant's motion to quash and dismiss the information on the ground that the statutory provisions under which defendant was charged are unconstitutional.
Defendant was originally charged with knowingly violating rules and regulations while a guard at the Utah State Prison in violation of sections 64-9-38 and 64-9-41, U.C.A. 1953 as follows, to wit:
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