Series 1471

DESCRIPTION: This series documents individual criminal cases tried in the Third District Court in Salt Lake County. Case files are made up of the various documents filed with the court pertaining to each specific case. The records usually contain information such as the case number, and the names of the defendants, counsel, jurors, and witnesses. The case file may include complaints, indictments, subpoenas, verdicts, warrants of arrest, execution or confinement, warrant returns, affidavits, orders, judgments, appeal notices. Files rarely include transcripts of testimony.

First, second, and third degree felony cases are the predominant case file type within this series (a major crime for which the maximum imprisonment is more than one year in a state correctional institution). This would include first degree offenses such as murder, rape, aggravated kidnaping, aggravated burglary and robbery, arson, and possession with intent to distribute drugs. Second degree offenses include: manslaughter, robbery, residential burglary, kidnaping, perjury, forgery, theft of property valued over $1,000.00, forcible sexual abuse, and intentional child abuse. Third degree felonies include: burglary of non-dwellings, theft, aggravated assault, forgery, unlawful sexual intercourse, joyriding, possession with intent to distribute marijuana or cocaine, and false or forged prescriptions.

This series also contains misdemeanor cases which are punishable by a county jail term of up to one year and/or a fine. Misdemeanors include: negligent homicide, driving under the influence, theft, assault on a police officer, criminal mischief, resisting arrest, reckless driving, possession of marijuana, shoplifting, trespassing, and possession of a concealed weapon.

Juvenile cases tried prior to 1907 can also be found in this series. In 1907, a separate statewide juvenile court was established allowing juvenile court jurisdiction in all matters involving children 18 years of age and younger, including parents and guardians of juvenile delinquents.

Missing cases should not be found in appellate court records since the Supreme court is required by law [Rule 76 (d)] to remit their decision to the District Court "together with such papers transmitted to the Supreme Court on appeal." Furthermore, Rule 75 (n) states that after the appeal has been disposed of, any original papers should be returned to the custody of the district court. Cases which are appealed to the District Court from lower courts will be found in this series.

ARRANGEMENT: Numerical by case number.

RESEARCH NOTE: When recovered, cases which were missing during processing of this series, have been filmed in numerical order and added to the last reel of film.

RELATED RECORDS: Series #6836, (TERRITORIAL) CRIMINAL CASE FILES, contain criminal cases filed in this court at an earlier date arising from crimes committed in the territory. Series #1650, MINUTE BOOKS, contain information elaborating on the proceedings of these cases. Series #13457, CRIMINAL JUDGMENT RECORD BOOKS, summarize the proceedings and final judgment of the action taken in some of these cases. Series #3291, CRIMINAL CASE TRANSCRIPTS, contain the transcripts from these cases. Series #12376, CRIMINAL CASE FILES (SEALED AND EXPUNGED), contain those cases sealed and expunged by the court and removed from this series during microfilming. Series #3834, CRIMINAL JUDGMENT DOCKETS, list the plaintiff and defendant, appellate decisions, where the judgment was entered in the corresponding judgment book, and satisfactions of judgment for some cases. Series #3253, CRIMINAL REGISTERS OF ACTIONS, function as a chronological list of documents filed and fees paid which relate to these case files. Series #13126, CRIMINAL CASE FILES INDEX, contains a surname index to these cases from 1916-1975.

FINDING AIDS: A surname index from 1896-1915 is available as appendix A. The court created an index from 1916-1975 which is available as Series #13126. Indexes to cases after 1975 are maintained by the court. A research guide entitled "Using Court Records" is also available for patron use.

CUSTODY HISTORY: This series was maintained for the court by the Salt Lake County Clerk and transferred to the Utah State Archives beginning February 23, 1968.

PROCESSING NOTE: This series was first scheduled in 1982 to be destroyed nine years after creation providing that the records had been microfilmed. This retention was modified in 1991 by the court clerk to include the microfilming and destruction of the originals cases from 1896-1970. This series was microfilmed by the Utah State Archives in 1993 and processed by Kenneth R. Williams in March of 1994. This is a continuing series with new additions transferred to the Archives at regular intervals. The series inventory was updated in February, 1999 by Arlene Schmuland after some gaps were filmed. Reel numbers may appear out of numerical order.

GAPS IN THE SERIES: Cases 9136-9200, 9540-9562, 9564-9599, 14719-14779, 16183-16189, 16883- 16895, 16971-16999, 19055-19078, and 20411-20491 are missing. Some random cases are also missing.

CONTAINER LIST