Fincher v. People
Supreme Court of Colorado
Error to the District Court of El Paso County. Plaintiee in error was charged with the crime of burglary, and convicted and sentenced to a term in the penitentiary.
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Error to the District Court of El Paso County. Plaintiee in error was charged with the crime of burglary, and convicted and sentenced to a term in the penitentiary. The building which he was charged with having entered, and from which ore was claimed to have been stolen by him, was situate on the Orizaba Mining Claim No. 1. An accomplice testified on the part of the people, that plaintiff in error participated in the commission of the crime, and entered somewhat fully into the details, including the previous arrangements made between them. Another witness on the part of the prosecution stated…
1Opinion of the CourtJustice Gabbert
Upon the record before us, counsel for plaintiff in error assign the following errors: (1) That the court erred in admitting the alleged confession, for the reason that it did not relate to the offense charged in the information; (2) that the evidence establishes that it was not voluntary; and (3) that the court erred in instructing the jury relative to its weight as evidence.
1. The charge against plaintiff in error was for the burglary of the ore house on the Orizaba mine. At the time it was claimed he made this confession,- he was under arrest for this offense. He does not pretend to say in…
2Cases cited17 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Redd v. StateSupreme Court of Alabama · 1881
- Ellis v. StateMississippi Supreme Court · 1887
- State v. GleimMontana Supreme Court · 1895
- State v. HundleySupreme Court of Missouri · 1870
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ausmus v. PeopleSupreme Court of Colorado · 1910
- Osborn & Noakes v. PeopleSupreme Court of Colorado · 1927
- Compton v. PeopleSupreme Court of Colorado · 1968
- Mitchell v. PeopleSupreme Court of Colorado · 1924
- Honda v. PeopleSupreme Court of Colorado · 1943
17 more not listed; retrieve them via the Exa API.