McDaniel v. People

Opinion by

MR. JUSTICE DAY.

McDaniel was charged with assaulting a peace officer with a deadly weapon (1967 Perm. Supp., C.R.S. 1963, 40-7-54). Upon trial, he was convicted as charged by a jury. By writ of error, McDaniel seeks reversal of the judgment.

The undisputed facts are that officer Turner of the Adams County Sheriffs Department responded to a call to investigate an alleged assault and battery. He met defendant’s wife and father-in-law at the latter’s residence. Both signed assault and battery complaints against McDaniel. The officer proceeded to McDaniel’s house, where he contacted the…