People v. Gallegos

Joe Gallegos was charged with aggravated robbery, and, upon trial to the court — a jury having been waived — at the conclusion of the evidence and upon motion of counsel for defendant, the trial court “ordered the case dismissed and defendant released.” The People bring the cause to our Court under the provisions of section 500, chapter 48, ’35 C.S.A., seeking a reversal of the judgment of the trial court.

The facts are not in serious dispute, ; Joe Gallegos was a sheepherder employed by one D. A. McPherson at a monthly wage of $180.00, with a provision that if he would take the herd of sheep…