McCray v. People
| Decision Date | 14 May 1962 |
| Docket Number | No. 20081,20081 |
| Citation | 371 P.2d 422 |
| Parties | Edward McCRAY, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Colorado Supreme Court |
Charles Ginsberg, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., J. F. Brauer, Asst. Atty. Gen., Denver, 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 P. 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.
SUTTON, J., not participating.
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Hernandez v. People
...of the Attorney General for reversal where he confesses judicial error. See Soto v. People, 64 Colo. 528, 173 P. 399 and McCray v. People, 150 Colo. ----, 371 P.2d 422. The fundamental importance of the matters raised here to the constitutional administration of justice in criminal cases in......
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Sterling v. People
...conviction. The attorney general confessed error and accordingly the judgment as it pertained to McCray was reversed. See McCray v. People, 150 Colo. ----, 371 P.2d 422. Sterling's principal assignments of error are: (1) the general insufficiency of evidence to support his conviction and (2......