People v. Chmielewski, 26620
| Decision Date | 06 January 1975 |
| Docket Number | No. 26620,26620 |
| Citation | 529 P.2d 1337,187 Colo. 268 |
| Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Edward J. CHMIELEWSKI, Defendant-Appellee. |
| Court | Colorado Supreme Court |
J. E. Losavio, Jr., Dist. Atty., James R. Gmelin, Deputy Dist. Atty., Pueblo, for plaintiff-appellant.
No appearance for defendant-appellee.
This appeal by the District Attorney of Pueblo County stems from a ruling of the district court setting aside a verdict of guilty returned by a jury.
Not a single question of law is raised by the brief for the People. The action of the court was grounded on a finding of insufficient identity of goods allegedly the subject of a theft charge against the defendant. The prosecution would have us review this ruling in spite of Colo.Sess. Laws 1972, ch. 44, 39--12--102 at 253, which permits the prosecution to appeal on only questions of law.
The appeal is dismissed.
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...See People v. Martinez, 198 Colo. 577, 603 P.2d 944 (1979); People v. Berry, 198 Colo. 258, 598 P.2d 1044 (1979); People v. Chmielewski, 187 Colo. 268, 529 P.2d 1337 (1975); People v. Kirkland, 174 Colo. 362, 483 P.2d 1349 The basis for an appeal by the prosecution in a criminal case is to ......
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From the Wool-sack
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