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STATE v. AMBROSE

No. 15903.

598 P.2d 354 (1979)

STATE of Utah, Plaintiff and Respondent, v. Byron AMBROSE, Defendant and Appellant.

Supreme Court of Utah.

July 9, 1979.

Attorney(s) appearing for the Case

Stott, Young & Wilson, Provo, D. John Musselman, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Earl F. Dorius, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

MAUGHAN, Justice:

Defendant appeals from the denial by the district court of his motion to dismiss a charge of attempted homicide, claiming he has been once in jeopardy for this offense. We conclude defendant is correct, and order the district court to dismiss the charge against defendant. All statutory references are to Utah Code Ann., 1953, as amended.

Defendant was charged with attempted homicide1 and the case was tried before...

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