State v. Zeimer , 10 Utah 2d 45 ( 1960 )

HENRIOD, Justice

(dissenting).

I dissent, since I believe this decision to be judicial legislation. The statute says the habitual criminal matter shall be tried “forthwith” and “by the same jury.” To me this is clear, plain, simple, understandable language and should not be dismissed “because no good reason appears why the legislature would intend such a result.” It is not our function to change legislation by weighing good or bad reasons the legislature might have indulged. If it were our function, one good reason suggests itself to the writer why the legislature used the precise language it did advisedly and deliberately, — to save the taxpayers the expense of a second jury and a second trial.

CALLISTER, J., concurs in the dissenting opinion of HENRIOD, J.