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VAN DAM v. MORRIS

No. 15059.

571 P.2d 1325 (1977)

R. Paul VAN DAM, Salt Lake County Attorney, Plaintiff and Appellant, v. Melvin H. MORRIS, Maurice D. Jones, Robert C. Gibson, Floyd H. Gowans, Paul C. Grant, Raymond S. Uno and Kim McHenry, Defendants and Respondents.

Supreme Court of Utah.

November 3, 1977.

Attorney(s) appearing for the Case

R. Paul Van Dam, Salt Lake County Atty., John T. Nielsen, Deputy County Atty., Salt Lake City, for plaintiff and appellant.

Robert Van Sciver, Salt Lake City, for defendants and respondents.

MAUGHAN, Justice:

Kim McHenry was charged with the crime of an assault against a peace officer as provided in Sec. 76-5-102.4. Such a crime is classified as a Class A misdemeanor. A preliminary hearing was held in the city court. At the close of the presentation of the State's evidence, defense counsel made a motion to dismiss. The motion was granted.

The State proceeded to file another complaint. At the inception...

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