Opinion
No. 23609.
Decided January 13, 1969.
Certiorari for limited purpose of considering possible error on part of county court in failing to give instructions on burden of proof and presumption of innocence in case involving traffic offense.
Writ Dismissed.
1. INSTRUCTIONS, CRIMINAL — Writ — Dismissal — Review — Possible Error — Certiorari — Burden of Proof — Presumptions of Innocence — Appeal. Instructions of burden of proof and presumptions of innocence which were given by county court in proper form and substance and which have become part of record on appeal after having been previously omitted therefrom warrant dismissal of writ of certiorari granted to review possible error in failing to give them.
Certiorari To The Superior Court of the City and County of Denver, Honorable Charles E. Bennett, Judge.
Marilyn T. Meadoff, for petitioner.
Max P. Zall, City Attorney, Lee G. Rallis, Assistant, for respondent.
The petitioner was convicted in the county court of a traffic offense and fined $10 plus costs. The superior court affirmed on appeal and we granted certiorari for the limited purpose of considering possible error on the part of the county court in failing to give instructions on burden of proof and presumption of innocence. It appears that these two instructions, each in proper form and substance, were in fact given, but were omitted from the record on appeal. They now have become a part of the record and the reasons for granting certiorari no longer exist.
The writ is hereby dismissed.
MR. JUSTICE PRINGLE not participating.