Moyer v. People
| Decision Date | 13 May 1968 |
| Docket Number | No. 22700,22700 |
| Citation | 165 Colo. 583,440 P.2d 783 |
| Parties | Robert L. MOYER, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Colorado Supreme Court |
Edward H. Sherman, Public Defender in and for City and County of Denver, Denver, Truman Coles, Asst. Public Defender, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., George E. DeRoos, Asst. Atty. Gen., Denver, for defendant in error.
Plaintiff in error, who will be referred to as defendant, was accused of the crime of assault with a deadly weapon as defined by C.R.S.1963, 40--2--34. The jury returned a verdict of guilty and after motion for a new trial was heard and denied the court sentenced him to a term of eighteen months to three years in the state penitentiary.
The brief filed by counsel for defendant contains the following summary of the points relied upon for reversal of the judgment:
The defendant offered no evidence.
The people proved that the defendant entered a Safeway store at 255 South Hooker street in Denver on the date of the alleged offense. His action inside the store aroused the suspicion of the assistant manager, Mr. Sauer, who took up a position in the 'dairy box' at the end of the store where he could watch the defendant through a glass window. He observed the defendant take four cartons of cigarettes and walk out a side door without paying for them. Sauer followed him outside and informed him--he admitted that he had not paid for the merchandise--that he would have to come back in the store and talk to the manager. The defendant replied, 'No,--just take your cigarettes and go back inside.' Sauer started to reach for the defendant's arm to take him back into the store when the defendant pulled a loaded revolver out of...
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Johnson v. People
...has upheld the juries' determinations of guilt on far less evidence of specific intent than exists in this case. See Moyer v. People, 165 Colo. 583, 440 P.2d 783 (1968); Lucero v. People, 161 Colo. 568, 423 P.2d 577 The defendant's final contention is that the offenses of assault with a dea......
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People v. Prante
...may be drawn from the circumstances of the case. Baker v. People, Supra; Garcia v. People, 172 Colo. 329, 473 P.2d 169; Moyer v. People, 165 Colo. 583, 440 P.2d 783. The People's evidence indicated the following: that when defendant emerged from the closet, in response to the officer's dema......
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Gonzales v. People
...instruction on 'specific intent' must be delivered to the jury, and some of which also legally define that contentious phrase. Moyer v. People, Colo., 440 P.2d 783; Bishop v. People, Colo., 439 P.2d 342; Vigil v. People, 158 Colo. 268, 406 P.2d 100; Armijo v. People, 157 Colo. 217, 402 P.2d......
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State v. Packett
...need occur. Lang, supra at 49, 246 N.W.2d at 610. See, also, State v. Thompson, 13 Wash.App. 1, 533 P.2d 395 (1975); Moyer v. People, 165 Colo. 583, 440 P.2d 783 (1968). In this case, the evidence shows that, when the defendant ordered the victim into the truck, the order was accompanied by......
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ARTICLE 3
...mind at the time of the commission of the alleged crime. Shreeves v. People, 126 Colo. 413, 249 P.2d 1020 (1952); Moyer v. People, 165 Colo. 583, 440 P.2d 783 (1968). The elements of assault and specific intent on the part of the assaulter must coexist in order to constitute the crime. Crum......
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ARTICLE 3 OFFENSES AGAINST THE PERSON
...mind at the time of the commission of the alleged crime. Shreeves v. People, 126 Colo. 413, 249 P.2d 1020 (1952); Moyer v. People, 165 Colo. 583, 440 P.2d 783 (1968). The elements of assault and specific intent on the part of the assaulter must coexist in order to constitute the crime. Crum......