PEOPLE v. CHEE, 161 Colo. 296 (1966)

(421 P.2d 732)

The People of the State of Colorado v. Herbert Chee

No. 22592.Supreme Court of Colorado.
Decided December 19, 1966. Rehearing denied January 16, 1967.

Defendant was charged with crime of larceny by bailee. From a judgment of acquittal the People brought error.

Approved.

1. LARCENY — Bailee — Bailment — Acquittal — Record — Appeal and Error.
In prosecution charging defendant with crime of larceny by bailee, record reflects that no bailment relationship existed, hence, trial court was correct in directing a verdict of acquittal.

Error to the District Court of the City and County of Denver, Honorable Edward J. Byrne, Judge.

Bert M. Keating, District Attorney, Gregory A. Mueller, Assistant, Marshall A. Fogel, Deputy, Duke W. Dunbar, Attorney General, Frank E. Hickey, Deputy, for plaintiff in error.

No appearance for defendant in error.

En Banc.

MR. CHIEF JUSTICE SUTTON delivered the opinion of the Court.

On December 29, 1965, Herbert Chee, defendant in error, was charged with

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the crime of larceny by bailee under C.R.S. 1963, 40-5-13. On trial of the case and at the close of the People’s evidence, the court directed a verdict of acquittal based upon a finding that the prosecution had failed to prove that a bailment relationship existed between Chee and the complaining witness. The People allege error as to this finding and ask our disapproval of the judgment under C.R.S. 1963, 39-7-26(2).

[1] We have reviewed the record and agree with the trial court that no bailment existed here and that it properly directed a verdict of acquittal.

The judgment is approved.

MR. JUSTICE SCHAUER dissenting.