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STATE, EX REL. CANNON v. LEARY

No. 18272.

646 P.2d 727 (1982)

The STATE of Utah, upon the relation of Theodore L. CANNON, County Attorney for Salt Lake County, State of Utah, Petitioner, v. The Honorable Peter F. LEARY, District Judge, Third Judicial District Court, Salt Lake County, State of Utah, Respondent.

Supreme Court of Utah.

May 6, 1982.

Attorney(s) appearing for the Case

David L. Wilkinson, Atty. Gen., Salt Lake City, for petitioner.

Daniel G. Darger, Salt Lake City, for Leon Reece.

D. Gilbert Athay, Ronald J. Yengich, Salt Lake City, for Judge Leary.

William R. Hyde, Salt Lake City, for amicus curiae.

HALL, Chief Justice:

Petitioner herein seeks extraordinary relief in the nature of mandamus1 to compel respondent to vacate his order dismissing an information for lack of jurisdiction, and to set the matter for trial.

On September 16, 1981, defendant Leon W. Reece was charged by an information with the offense of criminal mischief.2 The information was subscribed and sworn to by James Leary, a police...

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