Legal Opinion

Lawn v. People

Supreme Court of Colorado

Decided April 15, 1888PublishedCited by 5 opinions

Error to Criminal Court of Arapahoe County. The plaintiff in error was convicted of petit larceny before a justice of the peace of Arapahoe county, and was sentenced to imprisonment in the county jail and to pay a fine. He appealed the case to the criminal court of said county. Afterwards, on September 5, 1881, he appeared there with his attorney, and upon his consent the court ordered the said case set for trial September 12th.

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Error to Criminal Court of Arapahoe County. The plaintiff in error was convicted of petit larceny before a justice of the peace of Arapahoe county, and was sentenced to imprisonment in the county jail and to pay a fine. He appealed the case to the criminal court of said county. Afterwards, on September 5, 1881, he appeared there with his attorney, and upon his consent the court ordered the said case set for trial September 12th. Upon that day the plaintiff in error failed to appear, either in person or by attorney. The people’s attorney being present and ready for trial, the case was tried to…

1Opinion of the Court

Stallcup, C.

Were such proceedings and judgment warranted? By sections 758, 759, General Statutes, petit larceny is declared to be a misdemeanor, and triable in a justice’s court, and a penalty of a fine or imprisonment in jail, or both, upon conviction, is provided. By sections 1020, 2047, General Statutes, it is provided, in such cases, that upon conviction in the justice’s court the defendant may have an appeal to the criminal court. The bond provided for such appeals is conditioned, not for the appearance of the accused, but for the payment of the fine. We have no statute providing for the…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. People v. WinchellNew York Supreme Court · 1827

3Cited by5 opinions

  1. In Re BairdCalifornia Court of Appeal · 1957
  2. Gray v. StateTennessee Supreme Court · 1929
  3. Morris v. PeopleColorado Court of Appeals · 1894
  4. People v. YoungbergSupreme Court of Colorado · 1912
  5. Morris v. PeopleColorado Court of Appeals · 1894

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