Guenther v. People
Supreme Court of Colorado
JError to the District Court of Arapahoe County. On April 24, 1894, the district attorney of the second judicial district filed in the district court of Arapahoe county an information, charging the defendant with the crime of embezzlement. This information contains two counts.
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JError to the District Court of Arapahoe County. On April 24, 1894, the district attorney of the second judicial district filed in the district court of Arapahoe county an information, charging the defendant with the crime of embezzlement. This information contains two counts. In the first the defendant is charged with fraudulently converting to his own use $196.95 of the money of Herman Goldsmith, the same having been delivered to the defendant by Goldsmith in trust and confidence, and with the direction and agreement that the defendant would and should apply it to the payment of the first…
1Opinion of the CourtChief Justice Hayt
As the record fails to show an exception to the ruling of the court upon the defendant’s plea of autrefois acquit, it is claimed that such ruling is not open to review in this court. This plea, however, like a demurrer in a civil action, is preserved by the record proper, and the objection to the proceeding made by this plea saves itself, and no exception to the ruling need be reserved. Hall v. Linn, 8 Colo. 270; Burton v. Snyder, post, p. 173; Young v. Martin, 8 Wall. 354.
It is next contended that the plea is made available by our statute under the general issue, and that a special plea of…
2Cases cited6 opinions
- In re AllisonSupreme Court of Colorado · 1889
- Young v. MartinSupreme Court of the United States · 1869
- Hankins v. PeopleIllinois Supreme Court · 1883
- Dill v. PeopleSupreme Court of Colorado · 1894
- Hall v. LinnSupreme Court of Colorado · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bosko v. PeopleSupreme Court of Colorado · 1920
- Territory of New Mexico v. LobatoNew Mexico Supreme Court · 1913