People ex rel. Colorado Bar Ass'n v. Thomas
| Citation | 36 Colo. 126,91 P. 36 |
| Parties | PEOPLE ex rel. COLORADO BAR ASS'N v. THOMAS. |
| Decision Date | 05 March 1906 |
| Court | Supreme Court of Colorado |
Original proceeding in disbarment by the people, on the relation of the Colorado Bar Association, against William J. Thomas. Relator demurs to the answer. Demurrer sustained.
L. F. Twitchell, for petitioner.
Thomas Ward, Jr., A. M. Stevenson, and Milton Smith, for respondent.
The information herein charges respondent with the crime of embracery. The answer denies the allegations of the information, and sets up two affirmative defenses, each entitled 'Further and Separate Answer.' The one of these affirmative defenses alleges that respondent was proceeded against in a criminal action for the same crime as that charged in the information, embracery, and acquitted thereof. The other sets up a proceeding for contempt, and an acquittal thereof. A general demurrer presents the question of the sufficiency of these two defenses.
It is contended by counsel that the same principle obtains as to both defenses; that is, if the acquittal in the criminal proceeding is not a complete defense to this action for disbarment, then the acquittal in the action for contempt is likewise not a defense. That the acquittal upon the criminal charge is not a defense to a proceeding for disbarment, based upon the same facts, is stare decisis in this jurisdiction. People v. Mead, 29 Colo. 348, 68 P. 241; People v. Weeber, 26 Colo. 229, 57 P. 1079. Other authorities to the same effect are In the Matter of an Attorney, 86 N.Y. 563; In re Wellcome, 23 Mont. 213, 58 P. 47.
Demurrer sustained.
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Ford v. State
...the same charges." Barach's Case, 279 Pa. 89, 123 A. 727. See, also, In re Platz, 42 Utah 439, 132 P. 390; Peoplev. Thomas, 36 Colo. 126, 91 P. 36, 10 Ann. Cas. 886; In re O'Brien, 95 Vt. 167, 113 A. 527, 14 A.L.R. 859. These cases amply illustrate that a criminal prosecution does not estab......
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Browning, In re, 36419
...acquittal does not preclude a disciplinary proceeding. In re Lincoln (1929), 102 Cal.App. 733, 283 P. 965; People ex rel. Colorado Bar Ass'n v. Thomas (1906), 36 Colo. 126, 91 P. 36; In re Heinze (1951), 233 Minn. 391, 47 N.W.2d 23; In re Richards (1933), 333 Mo. 907, 63 S.W.2d 672; In re T......