McBride v. People
Colorado Court of Appeals
Error to the District Court of Arapahoe County. Ih March, 1892, plaintiff was tried for the murder of his' wife, was convicted of murder in the second degree and sentenced for life. The wife died December 31,1891, as.supposed and alleged, from injuries inflicted by the husband in beating and kicking her, some three weeks previous. The husband and wife kept a grocery store and sold spirituous liquors and beer.
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Error to the District Court of Arapahoe County. Ih March, 1892, plaintiff was tried for the murder of his' wife, was convicted of murder in the second degree and sentenced for life. The wife died December 31,1891, as.supposed and alleged, from injuries inflicted by the husband in beating and kicking her, some three weeks previous. The husband and wife kept a grocery store and sold spirituous liquors and beer. Accord-; ing to all the testimony, both were confirmed inebriates and had been for two or three years, getting stupidly drunk,' sometimes jointly or in company with each other, and at…
1Opinion of the CourtReed, J.
There are several errors assigned, only a few of which it will be necessary to discuss.
The admission of the evidence of several witnesses in regard to quarrels of the husband and wife and violent altercations when both were drunk, in a period of two years previous to the death, is assigned as error. This evidence was the first introduced. The corpus delicti had not been proved or attempted.
“ The corpus delicti in murder has two components: death as the result, and the criminal agency of another as the means.” And. Law Diet. “ The corpus delicti, in all cases of homicide, must be proved as an…
2Cases cited1 opinion
- People v. OlmsteadMichigan Supreme Court · 1874
3Cited by12 opinions
- State v. CoboUtah Supreme Court · 1936
- Tate v. PeopleSupreme Court of Colorado · 1952
- White v. StateSupreme Court of Georgia · 1897
- Martinez v. PeopleSupreme Court of Colorado · 1913
- Herren v. PeopleSupreme Court of Colorado · 1900
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