Legal Opinion
People v. Guenther
Supreme Court of Colorado
Decided July 13, 1987No. 86SA282PublishedCited by 177 opinions
1Opinion of the Court
QUINN, Chief Justice.
The People appeal from a judgment dismissing charges of second degree murder, first degree assault, and the commission of a crime of violence filed against the defendant, David Alan Guenther. The district court dismissed the charges pursuant to section 18-1-704.5(3), 8B C.R.S. (1986), which provides that under certain circumstances an occupant of a dwelling using any degree of physical force against an intruder, including deadly physical force, shall be immune from criminal prosecution. We construe section 18-1-704.5(3) to authorize a district court to dismiss a pending…
2Cases cited35 opinions
- Patterson v. New YorkSupreme Court of the United States · 1977
- Martin v. OhioSupreme Court of the United States · 1987
- People v. District Court, Second Judicial DistrictSupreme Court of Colorado · 1986
- Bradley v. United StatesSupreme Court of the United States · 1973
- People v. District Court for County of JeffersonSupreme Court of Colorado · 1968
30 more not listed; retrieve them via the Exa API.
3Cited by177 opinions
- People v. TerrySupreme Court of Colorado · 1990
- Hall v. WalterSupreme Court of Colorado · 1998
- Charnes v. BoomSupreme Court of Colorado · 1988
- Woodsmall v. Regional Transportation DistrictSupreme Court of Colorado · 1990
- Armintrout v. PeopleSupreme Court of Colorado · 1993
172 more not listed; retrieve them via the Exa API.