Legal Opinion

Kollenberger v. People

Supreme Court of Colorado

Decided April 15, 1886PublishedCited by 15 opinions

Error to District Court of Arapahoe County. Indictment for larceny: * * * “ The grand jurors chosen, selected, impaneled and sworn, within and for the county of Arapahoe, in the name and by the authority of the people of the state of Colorado, upon their oaths, present that William Kollenberger and Charles Huff, late of the county of Arapahoe aforesaid, on, to wit, the 6th day of July, A. D. 1882, in the county of Arapahoe aforesaid, in the state of Colorado, — two calves,…

Read the full summary

Error to District Court of Arapahoe County. Indictment for larceny: * * * “ The grand jurors chosen, selected, impaneled and sworn, within and for the county of Arapahoe, in the name and by the authority of the people of the state of Colorado, upon their oaths, present that William Kollenberger and Charles Huff, late of the county of Arapahoe aforesaid, on, to wit, the 6th day of July, A. D. 1882, in the county of Arapahoe aforesaid, in the state of Colorado, — two calves, of the value of $15 each, the same being living animals; and two other calves, of the value of $15 each; and three…

1Opinion of the CourtElbert, J.

Section 65 of the Criminal Code (paragraph 753, Gen. St.) defines the crime of larceny, and is a general provision. Section 22 of “An act to provide for the branding, herding and care of stock” (sec. 3190, Gen. St.) is part of a special act. The effect of this last act is not to take a larceny of any of the animals therein named out of the provisions of the general act, but to leave it indictable under either act. To this extent the two provisions, are concurrent. All statutes in pari materia are to be construed together. Repeals are not favored. Whenever the earlier and the later provisions…

2Cited by15 opinions

  1. State v. MartinezIdaho Supreme Court · 1926
  2. People v. GibsonSupreme Court of Colorado · 1912
  3. Hucal v. PeopleSupreme Court of Colorado · 1971
  4. Crowell v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. In re PrattSupreme Court of Colorado · 1893

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API