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STATE v. BELCHER

No. 12077.

475 P.2d 60 (1970)

25 Utah 2d 37

STATE of Utah, Plaintiff and Respondent, v. Robert BELCHER, Defendant and Appellant.

Supreme Court of Utah.

September 29, 1970.

Attorney(s) appearing for the Case

John D. O'Connell, Salt Lake City, for defendant-appellant.

Vernon B. Romney, Atty. Gen., Lauren N. Beasley, Asst. Atty. Gen., Salt Lake City, for plaintiff-respondent.

ELLETT, Justice.

While the appellant was an inmate of the Utah State Prison, he was accused of having made an assault upon a guard with malice aforethought, a felony punishable by death. Sec. 76-7-12, U.C.A. 1953, as amended (1969 pocket supplement). The complaint was filed in the office of the committing magistrate on August 6, 1969. In felony cases the filing of a complaint is the process by which the defendant is held until a preliminary hearing can be held to...

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