Legal Opinion

Holt v. People

Supreme Court of Colorado

Decided April 15, 1896PublishedCited by 17 opinions

Error to the District Court of Las Animas County. William Holt and Deonicio Romero were tried and convicted in the district court of Las Animas county of murder of the first degree, and sentenced to suffer the death penalty. The prosecution was by information filed by leave of court and based upon the affidavit of Fred J. Radford, without any preliminary examination having been had or waived. Upon this information capiases were duly issued and the defendants arrested.

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Error to the District Court of Las Animas County. William Holt and Deonicio Romero were tried and convicted in the district court of Las Animas county of murder of the first degree, and sentenced to suffer the death penalty. The prosecution was by information filed by leave of court and based upon the affidavit of Fred J. Radford, without any preliminary examination having been had or waived. Upon this information capiases were duly issued and the defendants arrested. Afterwards, by leave of court, the district attorney filed an amended information, verified by affidavit. Motions were made by…

1Opinion of the CourtJustice Goddard

The specifications of error principally relied on for reversal are: First, that the court erred in denying the defendants’ motion to quash both the original and amended informations, on the ground that the defendants did not have or waive a preliminary examination; second, that the affidavit upon which the information was based was not made by a person competent to testify as a witness to the alleged homicide, or by one who could testify to the facts therein stated from per*3sonal knowledge; third, in overruling defendants’ motions for separate trials; fourth, in overruling the motion in arrest…

2Cases cited12 opinions

  1. Jordan v. PeopleSupreme Court of Colorado · 1894
  2. State v. Sureties of KrohneWyoming Supreme Court · 1893
  3. Garvey v. PeopleSupreme Court of Colorado · 1883
  4. Anderson v. StateSupreme Court of Arkansas · 1844
  5. Hill v. PeopleSupreme Court of Colorado · 1872

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

3Cited by17 opinions

  1. Falgout v. PeopleSupreme Court of Colorado · 1969
  2. Overland Cotton Mill Co. v. PeopleSupreme Court of Colorado · 1904
  3. Moss v. StateCourt of Criminal Appeals of Oklahoma · 1910
  4. Andrews v. PeopleSupreme Court of Colorado · 1905
  5. Bergdahl v. PeopleSupreme Court of Colorado · 1900

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

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