Volume 60 — Utah Reports

<p>1. Homicide — Not Necessary to Charge as to Degrees oe Murder Where Homicide was in Committing Robbery. Under Comp. Laws 1917, § 8025, providing that murder committed in perpetration of robbery is murder in the first degree, and that other homicides, besides the hinds specified in the statute, committed under such circumstances as would have constituted murder at common law, are murder in the second degree, where the evidence clearly showed that homicide was committed in committing a robbery, a charge that the verdict must be guilty of murder in the first degree or not guilty, and failing to charge as to the degrees of murder, was not error.1</p> <p>2. Criminal Law — Where no Transcript oe Evidence is Presented, it is Assumed that Instructions were Based on Evidence Before Court. Where no transcript of the evidence is presented on appeal, the court is bound to conclude that the instructions to the jury were given in the light of the evidence before the trial court.</p>

Application by Salt Lake City for a writ of certiorari to L. B, Wight, as Judge of the District Court of Salt Lake County. Defendant, on petition of Mrs. E. C. Jones, entered an order suppressing as evidence against petitioner certain intoxicating liquor, ordering it destroyed, and ordering that a marked silver dollar be returned to petitioner. Plaintiff brings certiorari.

<p>Indictment and Information — Information ” for Pandering Held Sufficient, and not Duplicitous. An information in the language of Comp. Laws 1917, § 8097, charging that defendant did unlawfully permit named prostitutes to solicit men for the purpose of prostitution in his hotel, on a date designated, and thence continuing until a date designated, sufficiently charged the crime of pandering, and the information was not had as charging more than one offense.1</p>