Poole v. People
Supreme Court of Colorado
Error to the County Court of Arapahoe County. January 18,1897, information was filed before a justice of the peace, which, omitting the formal parts, charged that the plaintiff in error, “on or about the 19th day of September, and continuously since, A. D. 1897, in the county and state aforesaid, being the husband of affiant, and an able-bodied man, did and does wilfully neglect, fail, and refuse to provide reasonable support for the maintenance of affiant.”
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Error to the County Court of Arapahoe County. January 18,1897, information was filed before a justice of the peace, which, omitting the formal parts, charged that the plaintiff in error, “on or about the 19th day of September, and continuously since, A. D. 1897, in the county and state aforesaid, being the husband of affiant, and an able-bodied man, did and does wilfully neglect, fail, and refuse to provide reasonable support for the maintenance of affiant.” To this information, on being arraigned, he pleaded not guilty. A trial resulted in his conviction, from which he appealed to the county…
1Opinion of the CourtJustice Gabbebt
The first objection to the information urged is, that plaintiff in error is charged with having committed the offense at an impossible date, viz: September, 1897. The information is carelessly drawn, but from the language employed, charging the time when the offense was committed, it is fairly inferable that it was at a date prior to the time when it was filed with the justice, and although it might have been successfully attacked at the proper time, by a motion on account of form, or ambiguity, it is too late to raise that question after trial. 1 Mills’ Ann. Stats, sec. 1433. It is urged…
2Cited by32 opinions
- Johnson v. PeopleSupreme Court of Colorado · 1905
- Huard v. McTeighOregon Supreme Court · 1925
- State v. WallerSupreme Court of Kansas · 1913
- Kistler v. StateIndiana Supreme Court · 1921
- State v. LangfordOregon Supreme Court · 1918
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