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plaint charging him with tho same if-fene for which ho vasf yoiu^iu-i-ii,Spainliower was ur rested on April 1U on a. charge of livinK entered tho room of a former roon.ntia.te in the Ke-alty block ' cm South West Templo street, and 6to Ioji some clothing Tho application for the writ of habeas cor-pus was made by Spa 1 shower through Ills attorney, B. W C. fttott of Kuro-ku. Tho arguments \vf?iv hoard by Judge Armstrong on Saturday afternoon.Allegation* Jlmle-TJie allegations set forth In the application were lltat Spalnhower waived his preliminary hearing and ent«rerl a plea of guilty, and that ho Is a minor, being In his twentieth year, and as suUi had no right to waive the hearing without tho advice of an attorney, Also, that after being bound over toA l ho District court he waived a mil foment ami again entered il plea of guilty, and that he was not informed of his rights in the matter or of tho beri-ousness of tho charge against him until after he had entered his plea.JucJgo Armstrong issued the writ on tho ground that the allegations set forth were correct in regard to the defendant being a minor and not being informed as to his rights until after ho had entered his plea. The court stated that the court }iad not belt;jp informed as to tiie age of the prisoner, and therefore had allowed him to waive his arraignment and also ilma for sentence.jVe*Y Ctrmplnlnt JnMticd.Attorney Stott scoured a certified copy of the order issued by the court arid presented tlie same to Warden Pratt at the prison. 1In the meantime County AttorneyChristensen had issued a new complaint, charging Spaiuliower with : burglary in the second degree, and ; this was sworn to by Sergeant He in pel I before Justice Iilshop, and tho warrant placed in the hands of Officer Burt. Spalnhower was taken to the .city Jail, where he Js now confined. Justice 13fshop fixed his bonds at $300, and this Attorney Stott thinks will be furnished today.
Newspaper Details
Salt Lake Tribune
Salt Lake City, Utah, US
Sun, Jun 17, 1906
Page 25
Full Page
Clipped by
Anonymous
UT, USA 18 Mar 2020
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