Soto v. People
| Decision Date | 03 June 1918 |
| Docket Number | 9268. |
| Citation | 173 P. 399,64 Colo. 528 |
| Parties | SOTO v. PEOPLE. |
| Court | Colorado Supreme Court |
Error to District Court, Larimer County; Neil F. Graham, Judge.
Pete Soto was convicted of murder, and he brings error. Reversed.
Fred W. Stow, of Fort Collins, for plaintiff in error.
Leslie E. Hubbard, Atty. Gen., for the People.
R. W. Fleming, of Fort Collins, amicus curiae.
On the 14th day of May, 1917, the plaintiff in error was convicted in the district court of Larimer county of the murder of Ernesto Mondrano, and the penalty of death fixed by the jury. A motion for a new trial was heard and overruled, and the defendant was sentenced in accordance with the verdict rendered. The attorney general had presented a confession of error, and asks a reversal of the judgment.
It is the uniform rule of this court in such cases to act affirmatively upon such request of the Attorney General. By the Constitution and statutes of this state the Attorney General is the only person who is authorized by law to appear for the people, before the Supreme Court. The duty and responsibility of the control of such cases are his. In the interest of justice, and when his judgment so dictates, it is as much his duty to confess judicial error, as to contend against it.
The judgment is reversed.
WHITE, J., not participating.
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Hernandez v. People
...Ordinarily, we summarily grant the request of the Attorney General for reversal where he confesses judicial error. See Soto v. People, 64 Colo. 528, 173 P. 399 and McCray v. People, 150 Colo. ----, 371 P.2d 422. The fundamental importance of the matters raised here to the constitutional adm......
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Hicks v. People, 15371.
... ... confession of error, consenting to the reversal of the ... judgment of conviction and [112 Colo. 151] the remanding of ... the cause to the district court for such further action as ... may be indicated. In these circumstances, in accord with our ... pronouncements in the opinions in Soto v. People, 64 ... Colo. 528, 173 P. 399, and Richardson v. People, 69 ... Colo. 155, 170 P. 189, the judgment is reversed and the cause ... ...
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McCray v. People
...admits, and we agree, that the evidence is completely insufficient to support the verdict rendered. Under the authority of Soto v. People, 64 Colo. 528, 173 P. 399, we act affirmatively upon the request of the Attorney The judgment is reversed and the cause remanded with directions to the c......