Legal Opinion

Johnson v. People

Supreme Court of Colorado

Decided January 15, 1905No. 4806PublishedCited by 38 opinions

Error to the District Court of Pueblo County: Hon. N. W. Dixon, Judge. The defendant was tried and convicted for a violation of the second clause of a statute, which reads: “Every person who shall, willfully and maliciously, administer, or cause to be administered to, or taken by, any person, any poison or other noxious or destructive substance or liquid, with the intention to cause the death of such person, and being thereof duly convicted, shall be punished by confinement…

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Error to the District Court of Pueblo County: Hon. N. W. Dixon, Judge. The defendant was tried and convicted for a violation of the second clause of a statute, which reads: “Every person who shall, willfully and maliciously, administer, or cause to be administered to, or taken by, any person, any poison or other noxious or destructive substance or liquid, with the intention to cause the death of such person, and being thereof duly convicted, shall be punished by confinement in the penitentiary for a term not less than one year, and not more than ten years; and every person who shall…

1Opinion of the Court

Mr.-Justice Campbell

delivered the opinion of the court.

When the defendant lodged the record here and applied for a supersedeas, it was discovered that her bill of exceptions, incorporated in the transcript, was so imperfect and incomplete that, under our rules, some of the errors relied upon could not be considered. Acting upon the court’s suggestion, her counsel asked, and was granted, leave to withdraw the record for correction. Upon application below some of the defects were cured, but the trial judge refused to insert in the bill certain recitals relating to the conduct of the trial, to…

2Cases cited23 opinions

  1. United States v. CookSupreme Court of the United States · 1872
  2. Hopt v. UtahSupreme Court of the United States · 1887
  3. Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1876
  4. Fleming v. . the PeopleNew York Court of Appeals · 1863
  5. State v. AbbeySupreme Court of Vermont · 1856

18 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. People v. BuffumCalifornia Supreme Court · 1953
  2. State v. LewisWest Virginia Supreme Court · 1949
  3. In re CarlsonWisconsin Supreme Court · 1922
  4. Stewart ex rel. Stewart v. RiceSupreme Court of Colorado · 2002
  5. Shank v. PeopleSupreme Court of Colorado · 1926

33 more not listed; retrieve them via the Exa API.

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