Analytis v. People
| Decision Date | 05 April 1920 |
| Docket Number | 9759. |
| Parties | ANALYTIS v. PEOPLE. |
| Court | Colorado Supreme Court |
Department 1.
Error to District Court, City and County of Denver; Greeley W. Whitford, Judge.
Denny Analytis was convicted of robbery, and brings error.
Reversed.
John T. Maley and Paul De Laney, both of Denver, for plaintiff in error.
Victor E. Keyes, Atty. Gen., and W. L. Hogg, Asst. Atty. Gen., for the People.
Denny Analytis, plaintiff in error, was tried on a charge of robbery, found guilty, and sentenced to the state penitentiary. To review that judgment he brings error, and the cause is now before us on his application for a supersedeas.
The only alleged error requiring our consideration is that the verdict is unsupported by the evidence, in that there was no proof of the animo furandi. The information charges that defendant violently assaulted one James Caramuigis, and by force and intimidation robbed him of $50 in money.
There is no material conflict in the evidence. Defendant claimed $100 had been stolen from him; that he had reason to believe, and did believe, the prosecuting witness, Caramuigis, guilty of the theft; and that, acting upon that belief, he retook by force from said Caramuigis the money in question. Caramuigis himself admits that the assault was made on him by defendant under said claim, and was accompanied by said charge. The record contains nothing from which any other conclusion could be reached. If such were the circumstances of the assault, no robbery was committed. See State v. Hollyway, 41 Iowa 200, 20 Am.Rep. 568, and authorities therein cited. For this failure of proof the judgment is reversed.
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...P.2d 406 (Sup.Ct. 1965); State v. Spratt, 265 N.C. 524, 144 S.E.2d 569 (Sup.Ct. 1965); People v. Gallegos, supra; Analytis v. People, 68 Colo. 74, 188 P. 1113 (Sup.Ct. 1920); Moyers v. State, 186 Ga. 446, 197 S.E. 846 (Sup.Ct. 1938); Butts v. Commonwealth, supra. Whereas it is generally not......
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...him guiltless. 'Gallegos, in his defense in the trial court, relied upon, and the basis of his motion was, our opinion in Analytis v. People, 68 Colo. 74, 188 P. 1113. We have read and carefully considered the record in that case and have concluded that the decision there is determinative o......
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People v. Gallegos, 17337
...him guiltless. Gallegos, in his defense in the trial court, relied upon, and the basis of his motion was, our opinion in Analytis v. People, 68 Colo. 74, 188 P. 1113. We have read and carefully considered the record in that case and have concluded that the decision there is determinative of......