Smith v. Phelps

On Petition for Rehearing. In the light of plaintiff's petition, we have re-read the record and examined the authorities anew. We conclude, as in our previous study, that plaintiff failed in his proof.

Plaintiff insists we overlooked his contention that since the jury in the county court, unlike the jury in the justice court, failed to fix the punishment to be imposed, the county judge was without power to adjudge any penalty. Sections 6194 and 6196, C. L. '21, and Fuqua v.People, 10 Colo. App. 62, 48 Pac. 1053, are again called to our attention. The point was not overlooked, but, as said in…