Legal Opinion

Kelliher v. People

Supreme Court of Colorado

Decided March 6, 1922No. 10,275PublishedCited by 5 opinions

Plaintiff in error was convicted of a criminal charge relating to intoxicating liquors. Error to the County Court of Otero County, Hon. E. C. Glenn, Judge.

1Opinion of the CourtJustice Allen

The plaintiff was informed against, tried and convicted in the county court on a criminal charge relating to intoxicating liquors. Prior to the trial, and before a jury was summoned, he filed an affidavit to disqualify the sheriff from acting in the case, and also moved to the same effect. The motion was overruled. The question raised by the motion was subsequently raised in other ways. There is but one question presented, and that is, whether the statute relied on by the accused is applicable in criminal cases.

The affidavit was filed in reliance upon that statute, which is section 1299 R. S.…

2Cases cited3 opinions

  1. Commonwealth v. MooreMassachusetts Supreme Judicial Court · 1886
  2. Mercantile Trust Co. v. NewloveCalifornia Supreme Court · 1904
  3. Saunders v. PeopleSupreme Court of Colorado · 1917

3Cited by5 opinions

  1. Ex Parte RieckCourt of Criminal Appeals of Texas · 2004
  2. Hoffman v. PeopleSupreme Court of Colorado · 1923
  3. Montez v. PeopleSupreme Court of Colorado · 1942
  4. Trobough v. StateNebraska Supreme Court · 1930
  5. Rieck, Ex Parte George William Jr.Court of Criminal Appeals of Texas · 2004

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