Bradley v. People
Supreme Court of Colorado
Error to District Court of Park County. The plaintiff in error, was tried and convicted in the district court of Park county, and sentenced to imprisonment in the penitentiary for the term of one year, on a charge preferred under section 6 of an act entitled “Air act to provide for the branding, herding and care of stock, and to repeal certain acts in relation thereto.”
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Error to District Court of Park County. The plaintiff in error, was tried and convicted in the district court of Park county, and sentenced to imprisonment in the penitentiary for the term of one year, on a charge preferred under section 6 of an act entitled “Air act to provide for the branding, herding and care of stock, and to repeal certain acts in relation thereto.” The section reads as follows: “If any person shall brand or mark, or cause to be branded or marked, with his, her, or their brand, or any other not the recorded brand of the owner, any animal being the property of another, or…
1Opinion of the CourtElbert, J.
There is nothing in the language of the statute to warrant the charge that “the law presumes criminal negligence from the act.” A reference to the statute will verify this. Independent of statute, in some cases, negligence may be so gross as to justify the inference of criminal intent, and may be regarded, within limits, as supplying its place. But this is upon the proposition that criminal intent is a requisite and that gross negligence is substantially the same thing. Eliminating this part of the charge from the instruction, two associated but distinct propositions remain to be considered.
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2Cases cited1 opinion
- People v. HarrisCalifornia Supreme Court · 1866
3Cited by21 opinions
- Miller v. Standard Nut Margarine Co. of Fla.Supreme Court of the United States · 1932
- Vigil v. FranklinSupreme Court of Colorado · 2004
- Argus Real Estate, Inc. v. E-470 Public Highway AuthoritySupreme Court of Colorado · 2005
- Commonwealth v. BarneyCourt of Appeals of Kentucky · 1903
- Robbins v. PeopleSupreme Court of Colorado · 2005
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