Legal Opinion
People v. Malczewski
Supreme Court of Colorado
Decided October 5, 1987No. 86SA285PublishedCited by 29 opinions
1Opinion of the Court
QUINN, Chief Justice.
The question on this appeal is whether the district court erred in dismissing criminal charges of second and third degree assault on the basis that the defendant, Gary Malczewski, was immune from prosecution under section 18-1-704.5, 8B C.R.S. (1986), which under certain circumstances grants immunity to an occupant of a dwelling for using physical force against an unlawful intruder. We conclude that there is insufficient evidence to support the statutory conditions for immunity, and we accordingly reverse the judgment and remand the case for further proceedings.
I
The…
2Cases cited10 opinions
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
- United States v. Paul Gary Rubin United States of America v. Louis Martin Agnes A/K/A Louis MartinCourt of Appeals for the Third Circuit · 1973
- People v. GuentherSupreme Court of Colorado · 1987
- United States v. Richard Cleve BrownCourt of Appeals for the Tenth Circuit · 1976
5 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State v. ColonSupreme Court of Connecticut · 2004
- Mendez v. PeopleSupreme Court of Colorado · 1999
- People v. McNeeseSupreme Court of Colorado · 1995
- People v. WinpiglerSupreme Court of Colorado · 1999
- People v. HebertSupreme Court of Colorado · 2002
24 more not listed; retrieve them via the Exa API.