People v. Montano

The prosecution perfected this appeal pursuant to section 16-12-102, C.R.S. 1973. The defendant, John James Montano, has been in jeopardy, and, therefore, this appeal serves only to point out as a matter of law the impropriety and the error which occurred when the trial judge dismissed the prosecution’s case. See Krutka v. Spinuzzi, 153 Colo. 115, 384 P.2d 928 (1963). We disapprove of the trial judge’s grounds for granting a judgment of acquittal and dismissing the prosecution’s case.

The facts are not in dispute. John James Montano had a passing acquaintanceship with the victim and her late…