People v. Marques
| Decision Date | 26 June 1972 |
| Docket Number | No. 24828,24828 |
| Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William Ray MARQUES, Defendant-Appellant. |
| Court | Colorado Supreme Court |
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Richard G. McManus, Jr., Asst. Atty. Gen., Denver, for plaintiff-appellee.
Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy, State Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, for defendant-appellant.
The defendant-appellant, William Ray Marques, was convicted of the crime of carrying a concealed weapon, after having been previously convicted of the crime of assault with a deadly weapon during the preceding ten years. 1965 Perm.Supp., C.R.S.1963, 40--11--10(1). On appeal, he challenges the constitutionality of the statute.
One of the arguments raised in this appeal was considered by us and resolved adversely to the defendant-appellant in People v. Trujillo, Colo., 497 P.2d 1 (announced April 17, 1972), wherein we determined that the statute in question is not subject to constitutional attack under the equal protection clause of the Fourteenth Amendment. U.S.Const. amend. XIV (Fourteenth Amendment). The defendant-appellant's other claim is that the statute deprives him of his Second Amendment right to bear arms. U.S.Const. amend. II (Second Amendment). This claim is also without merit. United States v. Miller, 307 U.S. 174, 59 S.Ct. 816, 83 L.Ed. 1206 (1939); United States v. Cruikshank, 92 U.S. 542, 23 L.Ed. 588 (1875); State v. Bolin, 200 Kan. 369, 436 P.2d 978 (1968); Harris v. State, 83 Nev. 404, 432 P.2d 929 (1967).
Therefore, we affirm the judgment.
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People v. Blue
...Ulibarri was convicted of conspiracy to commit burglary in 1971.2 In People v. Trujillo, 178 Colo. 147, 497 P.2d 1, and People v. Marques, 179 Colo. 86, 498 P.2d 929, we upheld the constitutionality of the predecessor statute, C.R.S.1963, ...
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People v. Gross, 91SA197
...390 (1975) (upholding statute against certain vagueness, overbreadth, and right to bear arms challenges); see also People v. Marques, 179 Colo. 86, 87, 498 P.2d 929 (1972) (upholding statute's predecessor against equal protection, and right to bear arms challenges); People v. Trujillo, 178 ......
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People v. Trujillo
...attacks made here and has affirmed convictions for concealment of firearms or deadly weapons on the person of felons. People v. Marques, Colo., 498 P.2d 929 (1972) and People v. Trujillo, 178 Colo. 147, 497 P.2d 1 We hold that the use, or concealment or possession of those weapons specified......