Legal Opinion · Dissent

People v. Zupancic

Supreme Court of Colorado

Decided December 13, 1976No. 27118Published

1DissentJustice Kelley

I respectfully dissent. In my opinion the indictment here is sufficiently specific to comply with statutory requirements as well as the pronouncements of this court.

The mere fact that the conduct complained of coincides with the statutory language does not invalidate the indictment. In Schraeder v. People, 73 Colo. 400, 215 P. 869 (1923), we held that “where the statute specifies the act or acts constituting the offense, it is sufficient, generally, as to such act or acts, to follow the language of the statute.” 73 Colo, at 402, 215 P. 869. Moreover, the majority fails to consider the…

2Cases cited12 opinions

  1. Russell v. United StatesSupreme Court of the United States · 1962
  2. Howe v. PeopleSupreme Court of Colorado · 1972
  3. Gallegos v. PeopleSupreme Court of Colorado · 1968
  4. Mora v. PeopleSupreme Court of Colorado · 1970
  5. Samuel E. Young v. United StatesCourt of Appeals for the D.C. Circuit · 1961

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