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STATE v. KELBACH

No. 15060.

569 P.2d 1100 (1977)

STATE of Utah, Plaintiff and Appellant, v. Walter B. KELBACH and Myron D. Lance, Defendants and Respondents.

Supreme Court of Utah.

September 9, 1977.

Attorney(s) appearing for the Case

Robert B. Hansen, William T. Evans, William W. Barrett, R. Paul VanDam, Salt Lake City, for plaintiff-appellant.

James R. Soper, Salt Lake City, for defendants and respondents.

CROCKETT, Justice:

The state appeals to challenge the propriety of sentencing the defendants to life imprisonment instead of death upon their conviction of first degree murder. Defendants move to dismiss on the ground that no such appeal by the state is authorized by law.

Defendants argue that the only appeal permitted the state in criminal cases is as stated in Sec. 77-39-4, U.C.A. 1953:

Appeal by state, in what cases. — An appeal may be taken...

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