Mason v. People
Supreme Court of Colorado
Error to District Court, Arapahoe County. The facts relating to the plea in abatement are sufficiently set out in the opinion. The indictment contained several counts, in each of which the defendants were charged with the larceny of four mules, and some of the mules were alleged to be of the value of $300, and others of the value of $200. The jury returned a general verdict of guilty against plaintiff in error, and Schrseder, who was tried at the same time, was acquitted.
1Opinion of the CourtBeleord, J.
The first error assigned is the sustaining the demurrer to the plea of abatement filed by the plaintiff in error. It appears that at the April term of the court, an indictment was found charging Thomas Mason, John Chase, Albert Schrseder and Albert GK Brown with larceny. Ho trial being had at that term, the grand jury, at the ensuing October term, found another indictment against the same parties for the same offense. Mason set up in his plea the former indictment to abate proceedings on the second. To this plea a demurrer was sustained. Another indictment pending for the same offense,…
2Cases cited2 opinions
- United States v. TylerSupreme Court of the United States · 1812
- State v. WhiteWisconsin Supreme Court · 1870
3Cited by2 opinions
- Montez v. PeopleSupreme Court of Colorado · 1942
- People v. WilkinsonColorado Court of Appeals · 1976