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64 Colo. 184

Murray v. People

Supreme Court of Colorado

Decided January 15, 1918

Supreme Court of Colorado · decided 1918-01-15

<p>1. Contempt — Circulating Petition for the Recall of a Judge, is not Marians v. People, ante, followed.</p> <p>2. -Conviction — General, Under Duplicate Charge. Conviction of contempt upon two charges, one of which was insufficient in law. There was nothing to show whether the conviction was under both counts, or only one, and if one, which one. Conviction reversed. Burlington Company v. Spriggs, 50 Colo. 230, followed.</p>

Relies on Burlington & Colorado Railroad v. Spriggs

Decided 1918-01-15

¶1Opinion by

Mr. Justice Teller.

¶2The plaintiff in error was found guilty of contempt in having written and circulated the petition for the recall of Judge McHendrie, which was the basis of the charge in Marians v. The People, No. 8509, decided at the last term. There was a further charge that Murray had written a newspaper article containing matter alleged to be defamatory of said judge.

¶3Under the authority of the Marians case, the writing and circulating of the petition must be held not to constitute contempt. The finding was general, and it can not, therefore, be determined whether or not the court held the plaintiff in error guilty under both of the charges, or only-under one, and, if but one, which one it was.

¶4*185This is like a general verdict on two counts, one of which is bad, in which case the judgment must be reversed. The Burlington & Colorado Railroad Company v. Spriggs, 50 Colo. 230, 114 Pac. 644.

¶5The judgment is accordingly reversed.

¶6Judgment reversed.

¶7Mr. Justice White not participating.

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