Carr v. People

4 Citing cases

  1. O'Toole v. People

    63 P.2d 1224 (Colo. 1936)

    Affirmed.1. CRIMINAL LAW — Conspiracy — Adjudicated Cases. The judgment in this case affirmed on authority of Carr v. People, 99 Colo. 477. Error to the District Court of the City and County of Denver, Hon. Henley A. Calvert, Judge.

  2. Velasquez v. People

    425 P.2d 708 (Colo. 1967)   Cited 2 times

    We agree with this last stated conclusion. The defendants were not prejudiced by the giving of Instruction No. 10. Walker v. People, 126 Colo. 135, 248 P.2d 287; Carr v. People, 99 Colo. 477, 63 P.2d 1221; Bunch v. People, 87 Colo. 84, 285 Pac. 766. With reference to the arguments advanced in support of the second and third assignments of error hereinabove quoted from the brief of counsel for defendants, it is sufficient to say that the reasoning applied in answer to the first assignment is equally applicable to them.

  3. Will v. the People

    278 P.2d 178 (Colo. 1954)   Cited 4 times

    Vol. 1, '53 C.R.S., p. 120. Under the practice in criminal cases in this Court, there must be assignments of error. Rice v. People, 55 Colo. 506, 136 Pac. 74; Patton v. People, 74 Colo. 322, 221 Pac. 1086; Carr v. People, 99 Colo. 477, 63 P.2d 1221; Smalley v. People, 116 Colo. 598, 183 P.2d 558. The record must contain objections to evidence or other matters of which a party complains. Reppin v. People, 95 Colo. 192, 34 P.2d 71; Bacino v. People, 104 Colo. 229, 90 P.2d 5; Leech v. People, 112 Colo. 120, 146 P.2d 346; Wright v. People, 113 Colo. 224, 156 P.2d 123.

  4. Abeyta v. People

    147 P.2d 481 (Colo. 1944)   Cited 1 times

    [2, 3] Under our statute, section 450, chapter 48, '35 C.S.A., there can be no doubt that, when relating to the same transaction, as in the case here, completed rape and an assault to commit that offense rightly may be charged in separate counts of the same information. Roland v. People, 23 Colo. 283, 47 Pac. 269. See, also, 31 C.J. 782, section 346 (c). All questions pertaining to the correctness of the ruling denying defendants' motion for an election between the counts for rape, and assault to commit rape, are eliminated by the circumstance that the defendants were acquitted on the assault charge. Carr v. People, 99 Colo. 477, 63 P.2d 1221; Smaldone v. People, 102 Colo. 500, 81 P.2d 385. Notwithstanding that the subject is argued pro and con extensively, we have found no record of any motion to quash the information for misjoinder because of the inclusion of the kidnapping count, nor is any assignment or error directed thereto, consequently the question might be disregarded; however, in the view we shall express, such procedural deficiencies are immaterial in any event.