Redus v. People
Supreme Court of Colorado
Redus was tried in the court below upon an indictment charging murder. He was convicted of murder in the second degree, and sentenced to fourteen years in the penitentiary. To reverse this judgment the present writ of error was sued out.
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Redus was tried in the court below upon an indictment charging murder. He was convicted of murder in the second degree, and sentenced to fourteen years in the penitentiary. To reverse this judgment the present writ of error was sued out. The statutes of 1870 and 1883, referred to in the opinion, read as follows (act of 1870): “Section 1. That section 20 of said chapter 22 of the Revised Statutes of Colorado territory shall be hereafter construed so that the death penalty for the crime of murder shall not be ordered to be inflicted by the courts of the territory unless the jury trying the case…
1Opinion of the CourtHelm, J.
The indictment in this case charges that defendant unlawfully, feloniously, wilfully, purposely, and of his malice aforethought, did kill and murder the deceased, Under this indictment defendant was tried upon the theory that he might be convicted of murder in the first degree. Such proceeding, his counsel assert, was a fatal error. They claim that the words used are wholly insufficient to warrant the jury in finding that the killing was done with deliberation and premeditation,— a finding necessary in this case to such a conviction as would authorize the death penalty. They contend that, to…
2Cases cited5 opinions
- State v. . TurpinSupreme Court of North Carolina · 1877
- Hill v. PeopleSupreme Court of Colorado · 1872
- Davidson v. PeopleSupreme Court of Colorado · 1878
- State v. RiddleSupreme Court of Kansas · 1878
- State v. GrahamSupreme Court of Iowa · 1883
3Cited by8 opinions
- Andrews v. PeopleSupreme Court of Colorado · 1905
- Jordan v. PeopleSupreme Court of Colorado · 1894
- Ryan v. PeopleSupreme Court of Colorado · 1911
- Holt v. PeopleSupreme Court of Colorado · 1896
- Harris v. StateWyoming Supreme Court · 1926
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