Roberts v. People
Supreme Court of Colorado
Error to District Court of Lake County. The indictment in this case contains two counts, charging Roberts, in the first, with the larceny of mineral ore of the value of $120, and in the second with breaking and severing ore, with intent to steal in the Foz’est City mine, while an employee therein; each of said offenses being a felony. The ownership of both the ore azzd the mine was alleged to be in the Small Hopes Consolidated Mining Company, a corporation.
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Error to District Court of Lake County. The indictment in this case contains two counts, charging Roberts, in the first, with the larceny of mineral ore of the value of $120, and in the second with breaking and severing ore, with intent to steal in the Foz’est City mine, while an employee therein; each of said offenses being a felony. The ownership of both the ore azzd the mine was alleged to be in the Small Hopes Consolidated Mining Company, a corporation. Upon this izzdictznent Roberts was tried azzd convicted, the jury rendering a general verdict of guilty izi manner and form as charged in…
1Per curiam
1. While the grounds upon which the district attorney asked to be excused from prosecuting this case are not very fully stated, there is sufficient, we think, to indicate that a statutory ground existed. It is evident that he regarded, and that the court below regarded, his retainer in the other case as a disqualifying fact. So far as the grounds for the action of the court in this respect are disclosed, they do not contradict, but strengthen, the presumption that is always indulged in favor of the action of the trial court. Even if this were not the case, we are not prepared to say that a…
2Cited by46 opinions
- Born v. StateCourt of Criminal Appeals of Oklahoma · 1964
- Downey v. PeopleSupreme Court of Colorado · 1950
- People v. LaRosaSupreme Court of Colorado · 2013
- Tuttle v. PeopleSupreme Court of Colorado · 1905
- Bruner v. PeopleSupreme Court of Colorado · 1945
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