[DOWNLOAD] "Medberry v. People" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Medberry v. People
- Author : Colorado Supreme Court
- Release Date : January 02, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Except as to the cause thereof, there is little variance between the defendants affidavit and his testimony at the trial describing the fatal encounter. Thus it would seem certain that no new defense -- a prerequisite to the granting of the extraordinary relief sought -- is proffered by the application therefor. Such is well demonstrated by the following comments of the trial court which we quote with approval: "The alleged defense now sought to be presented is in fact no different than the defense already presented, relied upon and upon which defendant was convicted, namely, the defense of accidental shooting. * * * the grounds therein appear to be accidental shooting, but brought about by a different state of facts producing a quarrel which led to an encounter. If the shooting was accidental, it was the result of an encounter brought about by a certain state of facts. The alleged new defense on which the supplemental proceedings are predicated does not change the fact that the shooting was accidental, that it was brought about as the result of a scuffle or conflict in the garage, but the defendant does allege and pretends that scuffle originated as a result of a state of facts bringing about the scuffle. No self-defense appears in the supplementary proceedings. It is still accidental shooting." For the reasons indicated we think it apparent that the trial court was well within its discretion in concluding that the defendant failed to state facts sufficient to bring his case within the scope of the remedy sought and in denying the motion under consideration.