Legal Opinion

McNamara v. People

Supreme Court of Colorado

Decided April 15, 1897No. 3547PublishedCited by 24 opinions

Error to the District Court of El Paso County. The defendant was convicted upon a charge of assault with intent to rob, and sentenced to confinement in the penitentiary for the term of two years and six months.

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Error to the District Court of El Paso County. The defendant was convicted upon a charge of assault with intent to rob, and sentenced to confinement in the penitentiary for the term of two years and six months. The indictment charges that the defendant, at a certain place and upon a certain date, “being then and there armed with a certain deadly weapon, to wit, a rifle gun, then and there loaded with powder and ball, * * * in and upon one John Simmons * * * did feloniously make an assault, and him, the said John Simmons, then and there, in bodily fear and danger of his life, did feloniously…

1Opinion of the Court

Me. Jüstice Goddaed

delivered the opinion of the court.

Among the errors assigned, those that we regard as impor tant, present the following questions :

First: The sufficiency of the indictment.

Second: Did the court err in refusing to charge, as re quested by the defendant, upon the subject of necessary proofs to constitute an assault, under our statute; and in instructing the jury that where a gun is presented at another, within shooting distance, the law conclusively presumes that it is loaded ?

Third: Did the court err in declining to charge, as requested by defendant, upon the subject of…

2Cases cited30 opinions

  1. People v. LilleyMichigan Supreme Court · 1880
  2. State v. TaylorSupreme Court of Missouri · 1893
  3. State v. GodfreyOregon Supreme Court · 1889
  4. Clare v. PeopleSupreme Court of Colorado · 1886
  5. Tarver v. StateSupreme Court of Alabama · 1869

25 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. People v. District Court for County of JeffersonSupreme Court of Colorado · 1968
  2. People v. HuckleberrySupreme Court of Colorado · 1989
  3. People v. DoudMichigan Supreme Court · 1923
  4. State v. DesoSupreme Court of Vermont · 1938
  5. McRae v. PeopleSupreme Court of Colorado · 1937

19 more not listed; retrieve them via the Exa API.

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