Jones v. People, No. 20505
| Docket Nº | No. 20505 |
| Citation | 393 P.2d 366, 155 Colo. 148 |
| Case Date | June 22, 1964 |
| Court | Supreme Court of Colorado |
Page 366
v.
The PEOPLE of the State of Colorado, Defendant in Error.
[155 Colo. 149]
Page 367
Elizabeth L. Guyton, Rocky Ford, Thulemeyer & Stewart, La Junta, for plaintiff in error.Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John E. Bush, Asst. Atty. Gen., Denver, for defendant in error.
[155 Colo. 150] FRANTZ, Justice.
Jones is here by writ of error, seeking to have reversed the judgment and sentence entered on the verdict of the jury fixing his penalty at death for the murder of one Powell. As the basis for reversal, he asserts that the trial court committed prejudicial error in submitting to the jury the sole question of the punishment to be imposed.
After we had reversed the case of which this is the sequel (Jones v. People, 146 Colo. 40, 360 P.2d 686), the trial court determined that the issue of guilt need not be retried and that only the question of the penalty need be resolved by the jury. We had reversed the sentence of death originally imposed because Jones had been foreclosed from introducing in evidence certain matters which a jury might have considered mitigating and, as a result, might have been moved to impose a life sentence had this testimony been admitted.
Powell was killed by Jones while the latter was perpetrating a robbery. On the former writ of error (Jones v. People, supra), we stated that the proof of the robbery and the homicide had been established--in other words, that a felony murder had been committed. At the conclusion of our opinion, we said that '[t]he judgment is reversed and a new trial ordered.'
Apparently the trial court felt that the admission of testimony which may have been mitigating could not have reduced the offense below murder in the first degree and that its only effect could be upon the extent of the punishment. As a sequitur, the trial court held that there was no necessity to retry the issue of guilt and that the trial should be limited merely to submitting to the jury for determination the question whether Jones should be sentenced to death or to life imprisonment.
Six errors are assigned as grounds for reversal. We need note only assignments 1, 5 and 6, since they in effect[155 Colo. 151] question the authority of the court to limit the second trial to the issue of the penalty to be imposed.
C.R.S. '53, 40-2-1 et seq., defines homicide and its modes of commission. C.R.S. '53, 40-2-20, must be construed in connection with the section relating to murder. Kent v. People, 8 Colo. 563, 9 P. 852. The latter section provides that the 'killing being proved, the burden of proving circumstances
Page 368
of mitigation * * * will devolve on the accused * * *.'Thus, the latter section must be construed with C.R.S. '53, 40-2-3, part of which reads as follows:
'The jury before which any person indicted for murder shall be tried, shall, if it find such person guilty thereof, designate by its verdict whether it be murder of the first or second degree, and if murder of the first degree, the jury shall in its verdict fix the penalty to be suffered by the person so convicted, either at imprisonment for life at hard labor in the penitentiary, or at death; and the court shall thereupon give sentence accordingly.'
A jury selected pursuant to law shall hear the case, and that jury, if it determines the defendant is guilty of murder in the first degree, shall fix the penalty. This is the clear meaning and mandate of the statute. Demato v. People, 49 Colo. 147, 111 P. 703, 35 L.R.A.,N.S., 621, Ann.Cas.1912A, 783; Shank v. People, 79 Colo. 576, 247 P. 559. In determining what penalty shall be imposed, circumstances of mitigation have relevance, Jones v. People, supra; Shank v. People, supra.
Most of the states of the Union have statutes containing language similar to C.R.S. '53, 40-2-3, quoted above. Under varying circumstances some of them have had to decide questions pointing to the answer which should be made in this case. From these decisions we learn that the resolution of the issue of guilt and the extent of punishment must be a unitary action on the part of the jury, that together they form the verdict.
Thus, the problem has arisen under a statute like ours [155 Colo. 152] where the jury returned a verdict finding the defendant guilty of murder in the first degree but failed to assess the penalty. Was there a verdict?
Considering a former statute, bearing a resemblance to ours, the Supreme Court of California, in the case of People v. Hall, 199 Cal. 451, 249 P. 859, declared:
'From a consideration of our decisions it appears to be the settled law of this state that in the trial on a charge of murder it is first incumbent upon the jury to determine the guilt or innocence of the accused. If he be found guilty of murder in the first degree, it is then incumbent on the jury to fix the penalty. * * * Under the law, the verdict in such a case must be the result of the unanimous agreement of the jurors, and the verdict is incomplete unless,...
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State v. Williams, No. 15746
...them from considering the complete range of possible penalties or from exercising their discretion to fix punishment. Jones v. People, 155 Colo. 148, 393 P.2d 366 (Colo.1964); State v. Henry, supra; State v. Williams, 538 S.W.2d 947 Since 1965, when capital punishment was abolished, the cri......
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People v. Davis, No. 87SA288
...a change from many decades of procedure where the jury was the sole sentencer and waiver was not permitted. See Jones v. People, 155 Colo. 148, 393 P.2d 366 (1964); Gallegos v. People, 116 Colo. 129, 179 P.2d 272 (1947); Wharton v. People, 104 Colo. 260, 90 P.2d 615 (1939); Fleagle v. Peopl......
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People v. Thomas, No. 92SA495
...section 16-5-402(1). Courts may not assume a legislative intent which would vary the words used by the General Assembly. Jones v. People, 155 Colo. 148, 154, 393 P.2d 366, 369 (1964). Furthermore, as previously noted, the difficulties created by section 16-5-402(3) involve consideration of ......
-
Boatright v. Derr, No. 94SC596
...should be careful to avoid judicial legislation by adding to a statute that which the legislature did not deem proper); Jones v. People, 155 Colo. 148, 393 P.2d 366 (1964) (stating the court may not change the laws enacted by the Section 15-12-608 provides that the tenure of a personal repr......
-
State v. Williams, No. 15746
...them from considering the complete range of possible penalties or from exercising their discretion to fix punishment. Jones v. People, 155 Colo. 148, 393 P.2d 366 (Colo.1964); State v. Henry, supra; State v. Williams, 538 S.W.2d 947 Since 1965, when capital punishment was abolished, the cri......
-
People v. Davis, No. 87SA288
...a change from many decades of procedure where the jury was the sole sentencer and waiver was not permitted. See Jones v. People, 155 Colo. 148, 393 P.2d 366 (1964); Gallegos v. People, 116 Colo. 129, 179 P.2d 272 (1947); Wharton v. People, 104 Colo. 260, 90 P.2d 615 (1939); Fleagle v. Peopl......
-
People v. Thomas, No. 92SA495
...section 16-5-402(1). Courts may not assume a legislative intent which would vary the words used by the General Assembly. Jones v. People, 155 Colo. 148, 154, 393 P.2d 366, 369 (1964). Furthermore, as previously noted, the difficulties created by section 16-5-402(3) involve consideration of ......
-
Boatright v. Derr, No. 94SC596
...should be careful to avoid judicial legislation by adding to a statute that which the legislature did not deem proper); Jones v. People, 155 Colo. 148, 393 P.2d 366 (1964) (stating the court may not change the laws enacted by the Section 15-12-608 provides that the tenure of a personal repr......