Newman v. People
Supreme Court of Colorado
jError to the District Court of Park County. The plaintiff in error was the sheriff of Lake county, Colorado. In the district court of that county he was proceeded against under an information consisting of four separate counts, the first two of which charged him, as sheriff, with bribery under section 1274 of Mills’ Ann. Statutes (Gen. Stats. ’83, sec. 791), and the last two under section 1302 of Mills’ Ann.
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jError to the District Court of Park County. The plaintiff in error was the sheriff of Lake county, Colorado. In the district court of that county he was proceeded against under an information consisting of four separate counts, the first two of which charged him, as sheriff, with bribery under section 1274 of Mills’ Ann. Statutes (Gen. Stats. ’83, sec. 791), and the last two under section 1302 of Mills’ Ann. Statutes (Gen. Stats. ’83, sec. 818), with receiving money at two different times for omitting to perform a duty appertaining to his office as sheriff, in that, for the consideration…
1Opinion of the CourtJustice Campbell
That the defendant corruptly received money for omitting to perform this official duty, if such it was, the record leaves no room for doubt. But he contends, inter alia, that the statute imposing this duty is unconstitutional.
A number of errors have been assigned, but only those will be considered which have been argued by counsel. They are, first, that the judgment was pronounced upon counts of the information which had been quashed; second, that the defendant was convicted under an unconstitutional statute; third, that there was a variance between the evidence and the information ; fourth,…
2Cases cited25 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Lawton v. SteeleSupreme Court of the United States · 1894
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Windsor v. McVeighSupreme Court of the United States · 1876
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
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3Cited by31 opinions
- State v. LaundyOregon Supreme Court · 1922
- People v. CoffeyCalifornia Supreme Court · 1911
- People v. PowellSupreme Court of Colorado · 1986
- People ex rel. Colorado Tax Commission v. PitcherSupreme Court of Colorado · 1914
- Stockman v. LeddySupreme Court of Colorado · 1912
26 more not listed; retrieve them via the Exa API.