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UNITED STATES v. MERRIMAN

Cr. No. 123-58.

172 F.Supp. 765 (1959)

In the Matter of UNITED STATES of America, Plaintiff, v. Errol Leslie MERRIMAN, Defendant.

United States District Court D. Utah, Central Division.

April 6, 1959.

Attorney(s) appearing for the Case

C. Nelson Day and J. Thomas Greene, Salt Lake City, Utah, for plaintiff.

Donald B. Holbrook, Salt Lake City, Utah, amicus curiae for defendant and attorney for the United States of America and for the United States District Court, District of Utah.

E. R. Callister, Jr., Atty. Gen. of Utah, Walter L. Budge, Deputy Atty. Gen. of Utah, Milton A. Melville, County Atty. for Millard County, Utah, Fillmore, Utah, for State of Utah.

RITTER, Chief Judge.

The defendant, Errol Leslie Merriman, is in the Salt Lake County Jail. He was placed on probation by this court on November 25, 1958. He was not released on probation until December 12, 1958.

This delay was for the purpose of enabling the United States attorney to communicate with the county attorney to determine whether or not the State desired to dismiss its two charges and for the further purpose of having the attorney prepare a letter...

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