Legal Opinion

Kelly v. People

Supreme Court of Colorado

Decided September 15, 1891PublishedCited by 18 opinions

Error to District Court of Él Paso County. .. 'Indictment for murder and manslaughter. In November* 1890, the defendant Kelly was convicted of murder of ■ the second degree for the killing of one James Phillips, and was thereupon sentenced to confinement in the penitentiary for. a.term of twenty-six years. He now seeks a reversal of ,the judgment by writ of error.

1Opinion of the CourtJustice Elliott

The assignments of error will be noticed as presented by the briefs of counsel., 1. On the trial it was objected in behalf of defendant, that one Leonard Jackson, a witness for the prosecution, should not be allowed to testify on the ground that his name'was npt given in the list ok witnesses endorsed upon the indictment, and because he had not been placed under the., rule excluding witnesses from the court-room during the trial. It appears that notice was given before the jury was sworn that Jackson would be called as a witness; but no application was made by defendant for further time to…

2Cases cited6 opinions

  1. MedleySupreme Court of the United States · 1890
  2. Minich v. PeopleSupreme Court of Colorado · 1885
  3. Garvey v. PeopleSupreme Court of Colorado · 1883
  4. Wilson v. PeopleSupreme Court of Colorado · 1877
  5. In re TysonSupreme Court of Colorado · 1889

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Tuttle v. PeopleSupreme Court of Colorado · 1905
  2. Jones v. PeopleSupreme Court of Colorado · 1933
  3. Phenneger v. PeopleSupreme Court of Colorado · 1929
  4. Van Wyk v. PeopleSupreme Court of Colorado · 1908
  5. Mitsunaga v. PeopleSupreme Court of Colorado · 1912

13 more not listed; retrieve them via the Exa API.

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