People v. Holmes, 17073
| Decision Date | 15 March 1954 |
| Docket Number | No. 17073,17073 |
| Citation | 129 Colo. 180,268 P.2d 406 |
| Parties | PEOPLE v. HOLMES. |
| Court | Colorado Supreme Court |
Duke W. Dunbar, Atty. Gen., for the people. Bert M. Keating, Dist. Atty., Max D. Melville, Asst. Dist. Atty., Denver, of counsel.
Irving P. Andrews, Ben Klein, Denver, for defendant in error.
To a judgment sustaining a motion to quash a one-count criminal information on the ground that it was duplicitous, the Attorney General prosecutes this writ of error.
That part of the information, filed in the district court in the City and County of Denver, February 17, 1953, charging burglary with and without force, is as follows:
in the said Dwelling house then and there being, then and there feloniously and burglariously to steal, take and carry away; contrary to the form of the statute in such case made and provided, against the peace and dignity of the people of the State of Colorado.'
February 24, 1953, defendant, with leave, filed motion to quash, the principal ground being, 'that the sole count as set forth in said information is duplicitous for the reason that more than one offense is charged in the one count thereof.' Upon argument the matter was taken under advisement, and on March 19, 1953, the court entered its memorandum opinion and judgment, quashing the information and ordering the District Attorney to file an amended information setting forth the charge in two separate counts. The following day a two-count information was filed, and the record before us is silent as to any further proceedings thereafter.
The District Attorney having elected to comply with the order of court by filing the amended information, has, in effect, waived objection to the ruling of the court on the question raised by the motion to quash. Without it being sufficiently disclosed by the record or the briefs filed, we assume that the Attorney General seeks our answer to the legal question posed.
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People v. Abiodun
...death while operating motor vehicle either recklessly or while under the influence does not create separate offenses); People v. Holmes, 129 Colo. 180, 268 P.2d 406 (1954) (using the disjunctive "or" in the burglary statute created alternate ways of committing burglary rather than two separ......
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People v. Friend, Court of Appeals No. 09CA2536
...the crime as causing death while operating a motor vehicle either recklessly or while under the influence); People v. Holmes, 129 Colo. 180, 182, 268 P.2d 406, 407 (1954) (use of "or" in burglary statute evidenced alternate ways of committing crime, not separate offenses); Wright v. People,......
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Woellhaf v. People
...would remain incomplete until each and every intimate part were touched. We have entertained this argument before. In People v. Holmes, 129 Colo. 180, 268 P.2d 406 (1954), we held that by using the disjunctive "or" in the burglary statute, the General Assembly did not create two offenses, b......
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People v. Viduya
...692 P.2d at 1099-1100, and at 1104-05 (Lohr, J., concurring); People v. Ledman, 622 P.2d at 541. What we said in People v. Holmes, 129 Colo. 180, 183, 268 P.2d 406, 407 (1954), is also true Two distinct and separate offenses are not joined in the count of the information before us, it does ......