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STATE v. ROMERO

No. 9476.

12 Utah 2d 210 (1961)

364 P.2d 828

STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. JOHN BENJAMIN ROMERO, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

September 12, 1961.

Attorney(s) appearing for the Case

Hansen & Miller, Salt Lake City, for appellant.

Walter L. Budge, Atty. Gen., Ronald N. Boyce, Asst. Atty. Gen., for respondent.

HENRIOD, Justice.

Appeal from an automobile homicide1 conviction. Affirmed.

Defendant originally was charged with negligent homicide.2 After a preliminary hearing, the charge was dismissed and defendant was charged, tried, and convicted of the more serious offense of automobile homicide.

Defendant urges that 1) he was twice in jeopardy by being tried after the dismissal of the lesser charge...

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