Utah Department of Administrative Services

Division of Archives & Records Service

Series 24338

District Court (Fifth District : Beaver County) Criminal case files

Dates: 1896-

4.00 cubic feet and 6 microfilm reelsSkip to Containers

These records are housed in the Utah State Archives' permanent storage room.

Scope and Content

Case files are made up of the various documents filed with the Fifth District Court in Beaver County 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 kidnapping, aggravated burglary and robbery, arson, and possession with intent to distribute drugs. Second degree offenses include: manslaughter, robbery, residential burglary, kidnapping, 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.

Related Records

Criminal registers of actions from the District Court (Fifth District : Beaver County), Series 24378, contain register entries for criminal cases between 1896 and 1977.

General indexes to actions from the District Court (Fifth District : Beaver County), Series 24546, contains indexes for the various registers created by the court between 1896 and 1925.

Case indexes from the District Court (Fifth District : Beaver County), Series 24549, is comprised of three index books kept by the court to access civil and criminal cases between 1896 and 1998.

Custody History

All case files created between 1896 and 1955 were transferred to the Utah State Archives in 2007. For access to case files post-1955 researchers should contact the clerk of the Fifth District Court in Beaver County.

Additional Forms

This series is available on microfilm.

Access Restrictions

This series is classified as Public.

Preferred Citation

Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.

Gaps in Series

Cases 55, 62, 89, 94, 103, 128, 136, 139, 158, 160, 177, 188, 200, 227, 339, 341, 342, 344, 345, 346, 347, and 348 are missing.

Processing Note

This series was archivally processed by Jim Kichas and Emily Gurr in February 2008 as part of a NHPRC grant project designed to preserve the historic records of Utah's Fifth District Courts

Indexing Terms

Container List

REEL BOX DATE DESCRIPTION
1 1 1896-1903 1-38
2 1 1903-1912 39-81
3 2 1912-1916 82-153
4 2 1916-1926 154-186
4 3 1916-1926 187-223
5 3 1926-1934 224-280
5 4 1934 281-285
6 4 1934-1955 286-349