Kinkle v. People
Supreme Court of Colorado
Error to District Court of Morgan County. On December 19, 1899, plaintiff in error was placed on trial in the district court of Morgan county upon two in-formations, numbered 184 and 185, charging bim with the crime of larceny. In each case he filed a plea of former jeopardy.
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Error to District Court of Morgan County. On December 19, 1899, plaintiff in error was placed on trial in the district court of Morgan county upon two in-formations, numbered 184 and 185, charging bim with the crime of larceny. In each case he filed a plea of former jeopardy. The plea in case 184 in substance avers that at the same term, to wit, on December 18, 1899, he was put on his trial upon the same information, and a jury was duly impanelled and sworn; that after all the evidence had been received, the jury instructed and the arguments of counsel made, and on the 16th day of December,…
1Per curiam
The question presented for our consideration is whether the court below erred in refusing to permit the issues presented by the plea and answer to be submitted to and passed upon by the jury. Counsel for the people insist that in order for the plaintiff in error to avail himself of what occurred upon the former trial, they should have been preserved by a bill of exceptions; and are only reviewable on a writ of error; and that it is an unwarranted innovation upon the practice to permit the correctness and propriety of the action of a court in discharging a jury to be passed upon by a…
2Cases cited8 opinions
- Foster v. StateSupreme Court of Alabama · 1864
- Lovett v. StateSupreme Court of Georgia · 1888
- People v. FuquaCalifornia Supreme Court · 1882
- Helm v. StateMississippi Supreme Court · 1890
- Lyman v. StateSupreme Court of Alabama · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. CohenSupreme Judicial Court of Maine · 1926
- Dockstader v. PeopleSupreme Court of Colorado · 1908
- State v. CrawfordIdaho Supreme Court · 1919