Bosko v. People
| Citation | 68 Colo. 256,188 P. 743 |
| Decision Date | 01 March 1920 |
| Docket Number | 9683. |
| Parties | BOSKO et al. v. PEOPLE. |
| Court | Supreme Court of Colorado |
Error to District Court, Pueblo County; S.D. Trimble, Judge.
George Bosko and another pleaded guilty to an information charging them with murder, and from the judgments of sentence after verdict of the jury finding them guilty of murder in the first degree, they bring error.
Affirmed.
A. T. Stewart, Jr., and R. C. Morris, both of Pueblo, for plaintiffs in error.
Victor E. Keyes, Atty. Gen., and Forrest C. Northcutt, Asst. Atty Gen., for the People.
May 26 1919, information No. 16088 was filed in the district court of Pueblo county. This information contained a single count of two paragraphs, the first of which charged both of the plaintiffs in error (hereinafter referred to as defendants) with the murder of William T. Hunter. The second charged both with the murder of Elton C. Parks. It was supported by the affidavit of S.E. Thomas reciting:
'That the facts set forth in the foregoing are true, and that the offense therein charged was committed of his own personal knowledge.'
May 27 1919, defendants were arraigned and entered their plea of guilty to this information. Under such circumstances section 1624, Rev. Stat. 1908, provides that a jury shall be impaneled----
May 28, 1919, the cause was set for such hearing before a jury June 5, 1919. On the last-mentioned date information No. 16095 was filed. It differs in no particular from the former information except that it is divided into two counts, the first of which charges both defendants with the murder of Hunter. The second charges both with the murder of Parks. The supporting affidavit is the same as that in 16088. When this last information was filed it was substituted for information No. 16088, and thereafter defendants, without objecting to this order of substitution, entered thereto their plea of guilty, and the hearing before the jury was proceeded with on information No. 16095.
There was direct evidence of the murder of Hunter, but only circumstantial evidence of the murder of Parks. Defendant Tom Bosko was shown to be under 18 years of age.
A part of the evidence introduced on behalf of the people, over the objection of defendants, concerned alleged confessions made by them. These confessions were in the form of questions and answers, and their accuracy was testified to by a stenographer who took them in shorthand and extended them in typewriting. These documents as they appear in the bill of exceptions, contain defendants' witnessed signatures. The stenographer had not seen these signatures affixed, and no other witness was called to prove them. At the close of people's testimony defendants moved for a directed verdict, on the ground of former jeopardy, which motion was overruled. June 6, 1919, the jury returned verdicts finding George Bosko guilty of murder in the first degree on the first count of the information and fixing the penalty at death; finding the same defendant guilty of murder in the first degree on the second count of the information and fixing the penalty at life imprisonment; finding Tom Bosko guilty of murder in the first degree on each count and fixing the penalty in each verdict at life imprisonment. Motions for new trial and in arrest of judgment having been overruled, judgment was pronounced by the court upon the verdicts, and thereafter such further proceedings were had that the cause is now before us for review on error.
BURKE, J. (after stating the facts as above).
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