(Download) "Marquart v. Clark." by Colorado Supreme Court " eBook PDF Kindle ePub Free

July 23, 2021

eBook details

Title: Marquart v. Clark.
Author : Colorado Supreme Court
Release Date : January 26, 1942
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 51 KB

Description

Defendant in error, hereinafter referred to as Hill, entered his plea of guilty to a charge of aggravated robbery and was sentenced to the penitentiary for life, no minimum being fixed. It developed that at the time of the commission of the crime he was associated with one Ives, who, in Case No. 29886 in the same court was tried and convicted of murder. Ives received a death sentence and was executed. The curious may find the history of that association in the Ives case. Ives v. People, 86 Colo. 141, 278 Pac. 792. Hence the trial court ordered that the evidence in the Ives case be considered in the sentence of Hill. The latter was delivered to the warden December 26, 1928 and incarcerated until about September 16, 1946. August 19, 1946 he moved for resentence because of the failure of the court originally to fix a minimum as provided by section 545, chapter 48, 35 C.S.A., as theretofore construed by this court. On that motion a hearing was had, testimony taken September 16, 1946, and Hill was then sentenced to the penitentiary for a term of fifty-nine years to life, nunc pro tunc as of December 22, 1928. To review that judgment the district attorney prosecutes this writ under the provisions of section 500, chapter 48, vol. 2, 35 C. S. A., assigning as error the reception and consideration of certain testimony and a communication from the warden of the penitentiary. The cause was docketed here September 21, 1946. A petition for stay of execution was denied by this court five days later. Four applications for extension of time for abstract and briefs having been granted the people here, the reply brief was filed April 17, 1947.