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[DOWNLOAD] "Downey v. People" by Colorado Supreme Court # eBook PDF Kindle ePub Free

Downey v. People

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eBook details

  • Title: Downey v. People
  • Author : Colorado Supreme Court
  • Release Date : January 20, 1950
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

David Albert Downey, the defendant in the lower court and to whom we hereinafter refer as defendant, or by name, was charged by information filed in the district court of El Paso county on July 28, 1947, with having "feloniously, wilfully and of his malice aforethought" killed and murdered one Lolly Lila Downey. Defendant entered a plea of not guilty and the cause came on for trial October 7, 1947. The jury returned a verdict of guilty of murder in the first degree and fixed the penalty at "life imprisonment at hard labor in the State Penitentiary." Motion for new trial was thereafter filed, argued, and denied, and appropriate judgment was entered by the court. Defendant brings the cause here by writ of error, and relies for reversal upon alleged errors of the lower court in the conduct of the trial as follows: 1st. That the trial court erred in receiving in evidence testimony relating to an alleged confession made by the defendant and in refusing to strike said testimony. 2nd. The court erred in refusing to strike the testimony of Dr. Henry W. Maly as the same related to the injuries to the larynx of the deceased. 3rd. The court erred in overruling defendants motion for a directed verdict upon the ground that the corpus delicti had not been established. 4th. That the court erred in refusing to give two instructions tendered by the defendant.


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