HICKS v. PEOPLE, 112 Colo. 150 (1944)

146 P.2d 992

HICKS v. THE PEOPLE.

No. 15,371.Supreme Court of Colorado.
Decided March 20, 1944.

Plaintiff in error was convicted of conspiring to obtain money from Jefferson county by means of the confidence game.

Reversed.

1. CRIMINAL LAW — Appeal and Error — Confession of Error by Attorney General. Where the attorney general confesses error in a criminal case and consents to a reversal, on review, the judgment will be reversed and the cause remanded for further action without a consideration of the case on the merits.

Error to the District Court of Jefferson County, Hon. Frederic W. Clark, Judge.

Mr. A. D. QUAINTANCE, Mr. E. B. EVANS, for plaintiff in error.

Mr. GAIL L. IRELAND, Attorney General, Mr. H. LAWRENCE, HINKLEY, Deputy, Mr. JAMES S. HENDERSON, Assistant, for the people.En Banc.

OPINION PER CURIAM.

THE plaintiff in error was convicted of a conspiracy to obtain money from Jefferson county by means of the confidence game. The prosecution arose under the joint indictment involved in the recently-considered case o Olde v. People, 112 Colo. 15, 145 P.2d 100. The Attorney General has filed a confession of error, consenting to the reversal of the judgment of conviction and

Page 151

the remanding of the cause to the district court for such further action as may be indicated. In these circumstances, in accord with our pronouncements in the opinions in Soto v. People, 64 Colo. 528, 173 Pac. 399, an Richardson v. People, 69 Colo. 155, 170 Pac. 189, the judgment is reversed and the cause remanded.