Damas v. People

Opinion by

Mr. Justice Teller.

The plaintiff in error was convicted of the murder of William Dick in the County of Huerfano, and sentenced to death.

He alleges that there is error in the record in several matters, including a death sentence on a conviction on circumstantial evidence alone.

■ Section 1624, R. S. 1908, contains this provision:

“Nor shall any person suffer the death penalty who shall have been convicted on circumstantial evidence alone. ’ ’ '

Plaintiff in error alleges that his case falls within the terms .of this statute.

The State contends that the testimony of one Kacklis that the…