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STREHL v. DISTRICT COURT OF SALT LAKE COUNTY

Nos. 14431, 14504.

558 P.2d 597 (1976)

Herbert STREHL, Plaintiff, v. The DISTRICT COURT OF SALT LAKE COUNTY, State of Utah, Defendant. Rolf SALM, Plaintiff, v. The THIRD JUDICIAL DISTRICT COURT of the State of Utah, Defendant.

Supreme Court of Utah.

December 29, 1976.

Attorney(s) appearing for the Case

Sumner J. Hatch, of Hatch, McRae & Richardson, Salt Lake City, for Strehl.

Louis M. Haynie, Salt Lake City, for Salm.

R. Paul Van Dam, Salt Lake County Atty., Salt Lake City, for defendant.

MAUGHAN, Justice:

Two petitions for an Extraordinary Writ of Prohibition are consolidated in this case. The petitioners were initially charged, by complaint, with the crime of rape. At their preliminary hearing the petitioners testified as to the consensual nature of their relations with the alleged victim. The committing magistrate dismissed the action on the ground of insufficiency of evidence.

The County Attorney...

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