People v. Zobel
Supreme Court of Colorado
Error to Lake District Court.— Hon Chas. Cavender, Judge. The district attorney of the fifth judicial district filed an-, information against the defendant in error, charging him with larceny of ores. Two others were also charged with the larceny of these ores, whether in the same or other informations, is not altogether clear; but that is not material.
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Error to Lake District Court.— Hon Chas. Cavender, Judge. The district attorney of the fifth judicial district filed an-, information against the defendant in error, charging him with larceny of ores. Two others were also charged with the larceny of these ores, whether in the same or other informations, is not altogether clear; but that is not material. Subsequently,, in the same district court in which these criminal proceedings were instituted, and before the same presiding judge, a civil' action against these parties, for the recovery of the value of the ore so charged to- be stolen, was…
1Opinion of the CourtJustice Gabbert
It is well settled in this state, and generally, in this country, that a writ of error in a criminal case will not lie at the instance of the state unless clearly authorized by statute— People v. Raymond, 18 Colo. 242; U. S. v. Sanges, 144 U. S. 310 — and the first question we shall determine, is, whether or not the section of the statute above quoted covers the case made by the facts.
It appears from the record that the dismissal of the cause was based upon facts, knowledge of which the judge obtained outside of the record in this case, which were, that because the *287proceedings against the…
2Cases cited4 opinions
- United States v. SangesSupreme Court of the United States · 1892
- People ex rel. Attorney General v. District CourtSupreme Court of Colorado · 1897
- Gray v. District Court of Ninth Judicial DistrictSupreme Court of Colorado · 1908
- People v. RaymondSupreme Court of Colorado · 1893
3Cited by15 opinions
- People v. ZapotockySupreme Court of Colorado · 1994
- State v. AndersonTexas Supreme Court · 1930
- Mulligan v. PeopleSupreme Court of Colorado · 1920
- People v. DISTRICT COURT IN & FOR COUNTY OF LARIMERSupreme Court of Colorado · 1974
- People v. DennisSupreme Court of Colorado · 1967
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