People v. Smith, No. 25200

Docket NºNo. 25200
Citation182 Colo. 31, 510 P.2d 893
Case DateJune 04, 1973
CourtSupreme Court of Colorado

Page 893

510 P.2d 893
182 Colo. 31
The PEOPLE of the State of Colorado, Plaintiff-Appellee,
v.
Michael E. SMITH, Defendant-Appellant.
No. 25200.
Supreme Court of Colorado, En Banc.
June 4, 1973.

[182 Colo. 32]

Page 894

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Sara Duncan, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Kenneth J. Russell, T. Michael Dutton, Deputy State Public Defenders, Denver, for defendant-appellant.

KELLEY, Justice.

The defendant was found guilty by the court (jury waived) of second-degree burglary and theft, in violation of 1967 Perm.Supp., C.R.S.1963, 40--3--5 and 40--5--2, respectively. Concurrent sentences were imposed. A full confession of the offenses was made by the defendant, and the central issue on this appeal is whether the People presented sufficient evidence, independent of defendant's confession, to establish that a crime was committed.

[182 Colo. 33] We have consistently held that a confession alone is not sufficient to establish the existence of a crime. There must be independent evidence to establish the Corpus delicti. Applegate v. People, Colo., 509 P.2d 1238, announced April 30, 1973; People v. Maestas, Colo., 508 P.2d 782 (1973); Martin v. People, Colo., 499 P.2d 606 (1972); Martinez v. People, 129 Colo. 94, 267 P.2d 654 (1954). In the instant case there is sufficient evidence independent of the confession to establish the fact that the crimes had been committed by someone. Identity and specific intent were established through the confession. We therefore affirm.

The defendant was one of three prison inmates involved in the offense charged. All were scheduled for release within a short period of time.

Between 7:00 p.m., February 8, 1970, and 6:00 a.m. the following morning, the safe in the office of the Director of the Pre-parole Center was entered by some unauthorized person or persons and the strongbox, which contained $1724 in currency, was forced open and the contents removed therefrom. The money was recovered following the defendant's arrest. These facts were all established by testimony independent of defendant's confession.

The prosecution, of course, is required to prove all material elements of the offense charged. But where a confession is to be used, the Corpus delicti must be proved by evidence independent of the confession. As stated in 1...

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14 practice notes
  • Williams v. White Mountain Const. Co., Inc., No. 86SA100
    • United States
    • Colorado Supreme Court of Colorado
    • 1 Febrero 1988
    ...are implicated. Questions of employee negligence or employer care are rendered legally irrelevant by the Compensation Act. Id. at 36, 510 P.2d at 893. Speedy resolution of job-related claims is another purpose. Stanley Hotel v. Thomas, 153 Colo. 503, 506, 387 P.2d 27, 29 (1963). The Compens......
  • People v. LaRosa, No. 11SC664.
    • United States
    • Colorado Supreme Court of Colorado
    • 11 Febrero 2013
    ...Since then, we have consistently applied this rule. See People v. Rankin, 191 Colo. 508, 510, 554 P.2d 1107, 1108 (1976); People v. Smith, 182 Colo. 31, 33, 510 P.2d 893, 894 (1973); Meredith v. People, 152 Colo. 69, 71, 380 P.2d 227, 227–28 (1963). ¶ 17 There seems to be little consensus c......
  • People v. LaRosa, Supreme Court Case No. 11SC664
    • United States
    • Colorado Supreme Court of Colorado
    • 14 Enero 2013
    ...Since then, we have consistently applied this rule. See People v. Rankin,191 Colo. 508, 510, 554 P.2d 1107, 1108 (1976); People v. Smith, 182 Colo. 31, 33, 510 P.2d 893, 894 (1973); Meredith v. People, 152 Colo. 69, 71, 380 P.2d 227, 227-28 (1963). ¶17 There seems to be little consensus con......
  • Duran v. Industrial Claim Appeals Office of State of Colo., Nos. 93SC497
    • United States
    • Colorado Supreme Court of Colorado
    • 17 Octubre 1994
    ...the employer who is responsible under the Workmen's Compensation Act is granted immunity from common-law claims.") Id. at 38, 510 P.2d at 893. It is difficult to imagine any feasible workers' compensation system which could provide both quick delivery of benefits and a hearing in every......
  • Request a trial to view additional results
14 cases
  • Williams v. White Mountain Const. Co., Inc., No. 86SA100
    • United States
    • Colorado Supreme Court of Colorado
    • 1 Febrero 1988
    ...are implicated. Questions of employee negligence or employer care are rendered legally irrelevant by the Compensation Act. Id. at 36, 510 P.2d at 893. Speedy resolution of job-related claims is another purpose. Stanley Hotel v. Thomas, 153 Colo. 503, 506, 387 P.2d 27, 29 (1963). The Compens......
  • People v. LaRosa, No. 11SC664.
    • United States
    • Colorado Supreme Court of Colorado
    • 11 Febrero 2013
    ...Since then, we have consistently applied this rule. See People v. Rankin, 191 Colo. 508, 510, 554 P.2d 1107, 1108 (1976); People v. Smith, 182 Colo. 31, 33, 510 P.2d 893, 894 (1973); Meredith v. People, 152 Colo. 69, 71, 380 P.2d 227, 227–28 (1963). ¶ 17 There seems to be little consensus c......
  • People v. LaRosa, Supreme Court Case No. 11SC664
    • United States
    • Colorado Supreme Court of Colorado
    • 14 Enero 2013
    ...Since then, we have consistently applied this rule. See People v. Rankin,191 Colo. 508, 510, 554 P.2d 1107, 1108 (1976); People v. Smith, 182 Colo. 31, 33, 510 P.2d 893, 894 (1973); Meredith v. People, 152 Colo. 69, 71, 380 P.2d 227, 227-28 (1963). ¶17 There seems to be little consensus con......
  • Duran v. Industrial Claim Appeals Office of State of Colo., Nos. 93SC497
    • United States
    • Colorado Supreme Court of Colorado
    • 17 Octubre 1994
    ...the employer who is responsible under the Workmen's Compensation Act is granted immunity from common-law claims.") Id. at 38, 510 P.2d at 893. It is difficult to imagine any feasible workers' compensation system which could provide both quick delivery of benefits and a hearing in every......
  • Request a trial to view additional results

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