ALLGOOD v. LARSON

No. 14094.

545 P.2d 530 (1976)

Vivian ALLGOOD, Plaintiff and Respondent, v. Delmar LARSON, Sheriff of Salt Lake County, Utah, and Salt Lake City, Utah, Defendants and Appellants.

Supreme Court of Utah.

January 12, 1976.


Attorney(s) appearing for the Case

Roger F. Cutler, Salt Lake City Atty., Paul G. Maughan, Deputy Salt Lake City Atty., Salt Lake City, for defendants and appellant.

Stephen R. McCaughey of Salt Lake Legal Defenders Assn., Salt Lake City, for plaintiff and respondent.


MAUGHAN, Justice:

Plaintiff was arrested, charged, and convicted of trespassing; under a Salt Lake City ordinance. She was sentenced to six months in jail. Petition was made to the district court for a writ of habeas corpus, the writ was granted; and plaintiff was released from custody. It is from the district court's order that defendant city appeals.

The district court ruled "that since the state law provides no jail sentence for trespass, which is classified...

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