People v. Archer

This is an appeal by the District Attorney on behalf of the People to review a decision of the trial court pursuant to the provisions of C.R.S. 1963, 39-7-26 (2).

William R. Archer was proceeded against by information charging him with assault with a deadly weapon (C.R.S. 1963, 40-2-34) upon the person of Stewart Lofton. Archer pleaded not guilty, waived a jury and the case was tried to the court. After the state had presented its evidence and rested, the court granted the defendant’s motion for a judgment of acquittal and ordered the case dismissed and the defendant discharged.

The issue…