Wilson v. People case brief summary
87 P.2d 5 (Colo. 1939)
CASE FACTS
Defendant was convicted of having unlawfully and feloniously aided, abetted, and assisted in the commission of a burglary and larceny. Defendant appealed, contending that his actions were insufficient to be convicted of aiding and abetting because he acted solely as a decoy to detect the crime and report it to the police.
DISCUSSION
CONCLUSION
Court reversed and remanded case for new trial, holding that trial court erred in submitting a jury instruction that stated that defendant could not avoid guilt by claiming he was a detective or spy.
Recommended Supplements for Criminal Law
87 P.2d 5 (Colo. 1939)
CASE SYNOPSIS
Defendant appealed a judgment of the
District Court of Logan County (Colorado) convicting him of having
unlawfully and feloniously aided, abetted, and assisted another in
the commission of a burglary and larceny.CASE FACTS
Defendant was convicted of having unlawfully and feloniously aided, abetted, and assisted in the commission of a burglary and larceny. Defendant appealed, contending that his actions were insufficient to be convicted of aiding and abetting because he acted solely as a decoy to detect the crime and report it to the police.
DISCUSSION
- The court reversed the judgment and remanded the case for a new trial, holding that the trial court erred in submitting a jury instruction that stated that defendant could not avoid guilt by claiming he was a detective or spy.
- The court held that the instruction was erroneous because it left no question of fact for the determination of the jury in regard to defendant's defense of decoy and detection.
CONCLUSION
Court reversed and remanded case for new trial, holding that trial court erred in submitting a jury instruction that stated that defendant could not avoid guilt by claiming he was a detective or spy.
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