Giano v. People
Supreme Court of Colorado
Error to the County Court of San Miguel County. Two informations were filed against defendant in the county court of San Miguel county. One charged him with selling liquor to Frank J. Callender on the 25th of August, 1900, for his own gain; the other with selling liquor on the same day and to the same person for his own gain and for the gain of Antone Seed, and without a legal license in either case. The causes were consolidated for trial over the objections of defendant.
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Error to the County Court of San Miguel County. Two informations were filed against defendant in the county court of San Miguel county. One charged him with selling liquor to Frank J. Callender on the 25th of August, 1900, for his own gain; the other with selling liquor on the same day and to the same person for his own gain and for the gain of Antone Seed, and without a legal license in either case. The causes were consolidated for trial over the objections of defendant. There was a general verdict of guilty upon which a judgment was entered and a fine imposed. Numerous errors are assigned…
1Opinion of the CourtChief Justice Campbell
The record, or at least the abstract of it, is so unsystematically put together that it has not been easy to apprehend the pertinency or force of some of the objections urged.
1. To the consolidation of the two informations the objection seems to be that, since the sale under the first is alleged to be for the benefit of defendant and under the second for his gain and that of one Seed, the two offenses are entirely distinct and unconnected, hence may not be properly united for trial under sec. 1452 Mills’ Ann. Stats., Gen. Stats., sec. 945. From the abstract it does not affirmatively appear…
2Cases cited3 opinions
- Bird v. StateSupreme Court of Georgia · 1874
- Kelly v. PeopleIllinois Supreme Court · 1890
- Cook v. StateSupreme Court of Georgia · 1858
3Cited by11 opinions
- Imboden v. PeopleSupreme Court of Colorado · 1907
- Hoffman v. PeopleSupreme Court of Colorado · 1923
- Mitsunaga v. PeopleSupreme Court of Colorado · 1912
- Walt v. PeopleSupreme Court of Colorado · 1909
- Saunders v. PeopleSupreme Court of Colorado · 1917
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