Legal Opinion

Chase v. People

Supreme Court of Colorado

Decided February 15, 1875PublishedCited by 6 opinions

Appeal from District Court, Arapahoe County. That the defendant acted as agent for another in the keeping of such room is not a defense.

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Appeal from District Court, Arapahoe County. That the defendant acted as agent for another in the keeping of such room is not a defense. At the April term, 1873, of the district court, the district attorney obtained leave to file an information, which charged: “That John Chase, late of the said county of Arapahoe, on the 27th day of October, in the year of our Lord 1872, at the said county of Arapahoe, in the Territory aforesaid, a certain room, building and tenement there situate, unlawfully and injuriously then and there did keep to be used and occupied for gambling, and the said John Chase…

1Opinion of the CourtBeleobd, J.

In the view which we take of these cases, it is immaterial to inquire whether the warrant for the arrest of the defendant was issued on a proper showing or not. He submitted himself to the jurisdiction of the court, without interposing any objection, and having done so, he cannot now be heard to say that the warrant was void or irregular. The objection to the constitutionality of the act which authorizes the prosecution of this class of offenses by information, is not well taken. By the common law all offenses below the degree of felony are denominated misdemeanors, and might be prosecuted by…

2Cases cited4 opinions

  1. People v. JennesMichigan Supreme Court · 1858
  2. People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. State v. MillerIndiana Supreme Court · 1841
  4. Armstrong v. StateIndiana Supreme Court · 1837

3Cited by6 opinions

  1. Hoffman v. PeopleSupreme Court of Colorado · 1923
  2. Holland v. PeopleSupreme Court of Colorado · 1902
  3. State v. KaukosWashington Supreme Court · 1919
  4. Ward v. AtkinsonColorado Court of Appeals · 1912
  5. State v. GrayMontana Supreme Court · 1897

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