Cases Argued and Determined in the Supreme Court of Colorado Volume 51

Cases Argued and Determined in the Supreme Court of Colorado Volume 51

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... hers. As a general rule an accessory cannot be convicted of a higher offense than the principal.--12 Cyc. 195; 1 McClain on Criminal Law, p. 166. In the case at bar the defendant is charged as principal for the doing of certain prohibited acts; the instructions should have been limited to such and within the provisions of the act the statute relative-to accessories has no application to the facts here, where the acts themselves make the defendant the real and only principal. Complaint is also made to the giving of Instruction No. 7, it reads, "That in order to convict the defendant under the second mentioned indictment the following facts must appear from the evidence beyond a reasonable doubt: 1. That Blanche Bennett was a prostitute and earned or received money by means of or through her prostitution. 2. That the said Winnie Stevens, either directly or indirectly received, realized or procured such money, or some part thereof, from or through the said Blanche Bennett. 3. That the defendant Trozzo received or procured such money, or some part thereof, from the said Winnie Stevens, with knowledge that the same was derived through the prostitution of the said I Blanche Bennett, and that he used the same, or some portion thereof, for his own living, maintenance, subsistence, personal expenses or support. The amount or sum he so received, as well as the purposes for which it was given or for which he received it, are immaterial, if you should find that he used the same, or any part thereof as above set forth." The giving of this instruction in its present form was prejudicial error. It is broader than, and goes beyond, the provisions of the act. The statute says, any male person over the age of eighteen who shall knowingly live...show more

Product details

  • Paperback | 200 pages
  • 189 x 246 x 11mm | 367g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123697252X
  • 9781236972521