Opinion
No. 20,081.
Decided May 14, 1962.
Defendant was convicted of robbery and brings error.
Reversed.
1. CRIMINAL LAW — Appeal and Error — Confession of Error. Confession of error by the Attorney General acknowledging the evidence to be wholly insufficient to support a verdict of guilty, compels reversal of the judgment.
Error to the District Court of the City and County of Denver, Hon. Joseph E. Cook, Judge.
Mr. CHARLES GINSBERG for plaintiff in error.
Mr. DUKE W. DUNBAR, Attorney General, Mr. FRANK E. HICKEY, Deputy, Mr. J. F. BRAUER, Assistant, for defendant in error.
THE plaintiff in error was charged with the crime of robbery in the district court in Denver and was convicted by a jury. In the writ of error before this court he contends that the evidence was wholly insufficient to support the verdict and that it was error for the court to deny his motion for a directed verdict of not guilty.
The Attorney General has filed a confession of error in which he acknowledges the judgment should be reversed and the case against the defendant dismissed. The Attorney General admits, and we agree, that the evidence is completely insufficient to support the verdict rendered. Under the authority of Soto v. People, 64 Colo. 528, 173 Pac. 399, we act affirmatively upon the request of the Attorney General.
The Judgment is reversed and the cause remanded with directions to the Court to dismiss the information and to discharge the defendant.
MR. JUSTICE SUTTON not participating.