People v. Mellor
Supreme Court of Colorado
Error to District Court, Gilpin County. The affidavit on which the proceeding was founded was as follows: Territory of Colorado, County of Gilpin. ss: B. T. Wells, being first duly sworn, upon oath, says, that on the morning of the 8th day of January, A. D. 1870, the crime of burglary was attempted to be committed at the Smith & Parmelee Quartz Mill, in the county of Gilpin and Territory aforesaid, by breaking into the mill of said company, and attempting to break into the…
Read the full summary
Error to District Court, Gilpin County. The affidavit on which the proceeding was founded was as follows: Territory of Colorado, County of Gilpin. ss: B. T. Wells, being first duly sworn, upon oath, says, that on the morning of the 8th day of January, A. D. 1870, the crime of burglary was attempted to be committed at the Smith & Parmelee Quartz Mill, in the county of Gilpin and Territory aforesaid, by breaking into the mill of said company, and attempting to break into the amalgam room of said company, and by firing a pistol at the person of John Frick, and that he has just reason to believe…
1Opinion of the CourtHallett, C. J.
Conceding that sureties in a recognizance may show that the court or officer before whom the recognizance was acknowledged, had no authority in that behalf, the second plea is clearly insufficient. The affidavit upon which Cook was arrested, although defective, as alleged in the plea, may have been sufficient to give the justices jurisdiction to inquire into the truth of the charge. It might have been amended at the hearing, or, if no objection was made by the accused, it may now be assumed that defects therein were waived. In Indiana, where the doctrine is maintained that the authority of…
2Cases cited2 opinions
- State v. GachenheimerIndiana Supreme Court · 1868
- McFarlan v. PeopleIllinois Supreme Court · 1851
3Cited by10 opinions
- Cooper v. PeopleSupreme Court of Colorado · 1999
- Haney v. PeopleSupreme Court of Colorado · 1888
- City & County of San Francisco v. HartnettCalifornia Court of Appeal · 1905
- State v. AndersonUtah Supreme Court · 1909
- Fullerton v. County CourtColorado Court of Appeals · 2005
5 more not listed; retrieve them via the Exa API.