Summary
interpreting ch. 44, sec. 1, § 39-12-102, 1972 Colo. Sess. Laws 190, 253, a predecessor of the current section 16-12-102
Summary of this case from People v. TharpOpinion
No. 26620
Decided January 6, 1975.
From ruling of district court which set aside verdict of guilty on charge of theft, the People appealed. Appeal Dismissed
1. CRIMINAL LAW — Appeal — Prosecution — Dismissed — Failure to Raise — Question of Law — Statute. Appeal by prosecution — from ruling of district court which set aside a verdict of guilty on finding of insufficient identity of goods allegedly the subject of a theft charge against defendant — was improper under statute (Colo. Sess. Laws 1972, ch. 44, 39-12-102 at 253) and accordingly is dismissed since no question of law was raised.
Appeal from the District Court of Pueblo County, Honorable Thomas Phelps, Judge.
J. E. Losavio, Jr., District Attorney, James R. Gmelin, Deputy, for plaintiff-appellant.
No appearance for defendant-appellee.
[1] This appeal by the District Attorney of Pueblo County stems from a ruling of the district court setting aside a verdict of guilty returned by a jury.
Not a single question of law is raised by the brief for the People. The action of the court was grounded on a finding of insufficient identity of goods allegedly the subject of a theft charge against the defendant. The prosecution would have us review this ruling in spite of Colo. Sess. Laws 1972, ch. 44, 39-12-102 at 253, which permits the prosecution to appeal on only questions of law.
The appeal is dismissed.