Legal Opinion · Dissent

Damas v. People

Supreme Court of Colorado

Decided January 2, 1917No. 8874Published

Error to Huerfano District Court. Hon. Granby Hillyer, Judge. En banc.

1DissentChief Justice Gabbert

The reversal is based solely upon the ground that the confession by the defendant, as detailed by a witness for the state, was circumstantial evidence. With the utmost deference to the writer of the majority opinion, and my associates who concur, I dissent from this view.

In my judgment not an authority is, or can be, cited, which supports it. True an extra judicial confession, is to be received with caution, because it may not be correctly stated by the witness or never made, but these considerations merely affect the credibility of the witness testifying to the confession, and cannot by any…

2Cases cited4 opinions

  1. Langdon v. PeopleIllinois Supreme Court · 1890
  2. Guerrero v. StateCourt of Criminal Appeals of Texas · 1914
  3. Whorton v. StateCourt of Criminal Appeals of Texas · 1912
  4. Cook v. StateCourt of Criminal Appeals of Texas · 1914

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