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STATE v. LODDY

No. 16855.

618 P.2d 60 (1980)

The STATE of Utah, Plaintiff and Appellant, v. Delbert Dean LODDY, Defendant and Respondent.

Supreme Court of Utah.

September 29, 1980.

Attorney(s) appearing for the Case

Ronald L. Elton, Tooele County Atty., H. Wayne Green, Tooele, for plaintiff and appellant.

Edward K. Brass, Robert Van Sciver, Salt Lake City, for defendant and respondent.

WILKINS, Justice:

This is an appeal by the Tooele county attorney from an order of the District Court of that county dismissing a charge of theft against Defendant Delbert Dean Loddy. The right to appeal from such an order was, at the time the appeal was taken, granted by Section 77-39-4(1).1 This section was replaced as of July 1, 1980, by Section 77-35-26.

In attacking the dismissal, the county attorney raises two issues, and...

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