People v. Gordon, 24801
| Decision Date | 12 June 1972 |
| Docket Number | No. 24801,24801 |
| Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Edward Leon GORDON, Defendant-Appellant. |
| Court | Colorado Supreme Court |
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Assistant Atty. Gen., Denver, for plaintiff-appellee.
Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Randolph M. Karsh, Deputy Public Defender, Denver, for defendant-appellant.
Defendant Gordon was found guilty by a jury of assault with a deadly weapon. On writ of error he contends first that his conviction should be reversed because the evidence presented by the People is insufficient to sustain the jury's verdict. We find no merit in this contention. The defendant's second allegation of error regarding instruction to the jury is totally without merit and requires no further comment. The judgment of the trial court is therefore affirmed.
The defendant argues that the evidence is insufficient because it fails to show that he had the present ability to commit an assault with a deadly weapon. This argument is premised on the defendant's view that the evidence did not show that he had possession or control of a deadly weapon. An examination of the transcript of the testimony readily invalidates this argument.
The testimony presented on behalf of the People discloses that Police Officer Bjornsrud went to a house in response to a disturbance call. When he arrived he was told by children playing outside that 'They are fighting inside.' He entered the house, and came upon four women and the defendant standing in the living room. The defendant and the women were shouting at each other. The officer asked if anyone wished to file a complaint, and when he received no response, he said that he was leaving. The defendant then came up to him and said, 'Not until I kill you, you S.O.B.' As the defendant made this statement he grabbed for the officer's revolver. A scuffle then ensued. The officer testified that during the scuffle the defendant had both of his hands on the officer's revolver and had just about removed it entirely from the holster. Had the revolver been fired at this point, the officer would have been hit in the leg. The officer was able to force the weapon back into the holster as the scuffle proceeded. A short time later, the defendant was subdued and arrested with the assistance of another police officer.
Testifying in his own behalf, the defendant denied having made any threats toward officer Bjornsrud or having touched the officer's weapon.
The defendant argues that, at most, the evidence shows an attempted assault. There is no such crime in Colorado. Allen v. People, Colo., 485 P.2d 886.
In Dodge v. People, 168 Colo. 531, 452 P.2d 759, we held that:
...
To continue reading
Request your trial
-
State v. Jackson
...sort it is true as argued by defendant that "there can be no crime of an attempt to commit an attempt." ' " Also see People v. Gordon, 178 Colo. 406, 498 P.2d 341 (1972); In re M, 9 Cal.3d 517, 108 Cal.Rptr. 89, 510 P.2d 33 (1973); People v. Banks, 51 Mich.App. 685, 216 N.W.2d 461 Our above......
-
State v. Weinberger
...attempted assault or attempted aggravated assault. In re James M. (1973), 9 Cal.3d 517, 108 Cal.Rptr. 89, 510 P.2d 33; People v. Gordon (1972), 178 Colo. 406, 498 P.2d 431; Allen v. People (1971), 175 Colo. 113, 485 P.2d 886, 888. In Oregon and in Florida, however, the crime of attempted ag......
-
People in Interest of D. G. P., 27373
...officers); People v. Mayfield, 184 Colo. 399, 520 P.2d 748 (1974) (defendant fired two shotgun blasts at police car); People v. Gordon, 178 Colo. 406, 498 P.2d 341 (1972) (defendant allegedly threatened to kill police officer, grabbed for the officer's holster and got hold of the officer's ......
-
People v. Jones, 26568
...though there may be conflicts and inconsistencies in the evidence. People v. Eades, 187 Colo. 74, 528 P.2d 382 (1974); People v. Gordon, 178 Colo. 406, 498 P.2d 341 (1972), and Dodge v. People, 168 Colo. 531, 452 P.2d 759 (1969). It is the jury's function to consider and determine what weig......