Legal Opinion

Davis v. People

Supreme Court of Colorado

Decided January 15, 1897PublishedCited by 1 opinion

Mrror to the District Court of Ml Paso County. Oh the 26th day of September, 1896, the district attorney filed in the district court of El Paso county an information charging the defendant, Walter Davis, with the willful, deliberate and premeditated murder of one Will Fe, upon the 7th day of July, 1896. The defendant having no means with which to employ counsel for his defense, the law firm of A bbott & Hoffmire was assigned to his defense by the court.

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Mrror to the District Court of Ml Paso County. Oh the 26th day of September, 1896, the district attorney filed in the district court of El Paso county an information charging the defendant, Walter Davis, with the willful, deliberate and premeditated murder of one Will Fe, upon the 7th day of July, 1896. The defendant having no means with which to employ counsel for his defense, the law firm of A bbott & Hoffmire was assigned to his defense by the court. The defendant upon being, arraigned pleaded not guilty, and by consent of counsel the cause was set down for trial on the 1st day of…

1Opinion of the Court

Chiee Justice Hayt

delivered the opinion of the court.

The statute of this state, providing for a supersedeas in a capital case, is, perhaps, the most liberal statute in existence. It was prepared by the judges of this court, acting under section 27 of article VI. of the state constitution, and passed by the legislature as prepared. By this statute -any defendant convicted of a capital offense may obtain a writ of error by simply filing a transcript of the record proper in this court. The writ of error is issued by the clerk, and made to operate *497as a supersedeas without further showing,…

2Cases cited4 opinions

  1. Van Houton v. PeopleSupreme Court of Colorado · 1895
  2. Smith v. PeopleSupreme Court of Colorado · 1869
  3. Orman v. KeithSupreme Court of Colorado · 1867
  4. Packard v. SpellingsSupreme Court of Colorado · 1876

3Cited by1 opinion

  1. Davis v. PeopleSupreme Court of Colorado · 1897

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