Legal Opinion

Miller v. People

Supreme Court of Colorado

Decided April 15, 1896PublishedCited by 17 opinions

Error to the District Court of Arapahoe County. The plaintiff in error was jointly indicted with George E. Cratei’, Jr., in the district court of Arapahoe county.

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Error to the District Court of Arapahoe County. The plaintiff in error was jointly indicted with George E. Cratei’, Jr., in the district court of Arapahoe county. The indictment contained three counts, the first charging them with conspiracy to defraud Jabez F. Clark by means of false pretenses; the second with conspiring to defraud Clark by-means of false pretenses, and setting forth the means employed; and, third, that of obtaining the money of Clark by ■ means of false pretenses. When the case was called for trial Crater failed to appear and the trial proceeded against plaintiff in error,…

1Opinion of the CourtJustice Goddard

Numerous errors are assigned, but those argued by counsel for plaintiff in error, and particularly relied on for a reversal, may be grouped under three heads: First, the denial of the motion to direct a verdict of not guilty; second, the action of the court in withdrawing the third count *532during the trial, thereby preventing counsel from introducing any evidence thereon, and in resubmitting the same to the consideration of the jury after the cause was argued and submitted; third, in giving certain instructions.

The ground upon which the motion for a verdict of acquittal was based is that the…

2Cases cited3 opinions

  1. Connor v. PeopleSupreme Court of Colorado · 1893
  2. State v. . MundaySupreme Court of North Carolina · 1878
  3. State v. HillSupreme Judicial Court of Maine · 1881

3Cited by17 opinions

  1. United States v. SveteCourt of Appeals for the Eleventh Circuit · 2009
  2. People v. AlexanderSupreme Court of Colorado · 1983
  3. Helser v. PeopleSupreme Court of Colorado · 1937
  4. Short v. PeopleSupreme Court of Colorado · 1900
  5. Lipschitz v. PeopleSupreme Court of Colorado · 1898

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