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ROLL v. LARSON

No. 13287.

516 P.2d 1392 (1973)

30 Utah 2d 271

Robert E. ROLL, Plaintiff and Respondent, v. Delmar L. LARSON, Sheriff of Salt Lake County, Defendant and Appellant.

Supreme Court of Utah.

December 14, 1973.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Carl J. Nemelka, Salt Lake County Atty., Ronald N. Boyce, Deputy Salt Lake County Atty., Salt Lake City, for defendant and appellant.

Phil L. Hansen, Salt Lake City, for plaintiff and respondent.

CALLISTER, Chief Justice:

Plaintiff was charged with first-degree murder; he filed a petition for a writ of habeas corpus, for the purpose of having a judicial determination of his right to bail. Upon hearing, the trial court ruled that as a result of the holding in Furman v. Georgia,1 the death penalty might not be imposed in the State of Utah; therefore, first-degree murder was no longer a capital offense. The trial court reasoned that...

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