Moyer v. People

Opinion by

Mr. Chief Justice Moore.

Plaintiff in error, who will be referred to as defendant, was accused of the crime of assault with a deadly weapon as defined by C.R.S. 1963, 40-2-34. The jury returned a verdict of guilty and after motion for a new trial was heard and denied the court sentenced him to a term of eighteen months to three years in the state penitentiary.

The brief filed by counsel for defendant contains the following summary of the points relied upon for reversal of the judgment:

“Defendant seeks reversal principally on the basis that the evidence was insufficient as a matter of…