Virgil L. Wood v. John W. Turner

The plaintiff, Virgil L. Wood, having been found guilty of the crimes of robbery and grand larceny by a jury on April 30, 1963, was sentenced to indeterminate terms in the Utah State Prison as provided by law for those crimes; sentences to run consecutive to one the plaintiff was then serving. A motion for a new trial was made and denied. On September 9, 1965 plaintiff filed a petition for a writ of in the District Court of the Trial Judicial District of Salt Lake County, State of Utah. The matter was heard on September 30, 1965, at the Conclusion of which the court stated that the petition was denied. This is indicated in the record. Within the one month allowed for appeal under Rule 73(a), U.R.C.P., to wit, on October 1, 1965 the plaintiff duly served and filed a notice of appeal. Four days thereafter, on October 5, 1965, there was signed and filed a formal judgment denying the petition. Defendant contends that the plaintiffs notice of appeal having thus been filed prematurely, this court is without jurisdiction to entertain the appeal.