[Download] "People v. Horkans" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Horkans
- Author : Colorado Supreme Court
- Release Date : January 02, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
DEFENDANTS in error were charged, in two counts of an indictment, with: (1) conspiring to commit false impersonation; (2) the substantive offense of false impersonation in violation of section 338, chapter 48, 35 C.S.A., which section, inter alia, provides: "If any person shall falsely impersonate another, and in such assumed character: * * * 4. Does any other act in the course of any act or proceeding whereby if it were done by the person falsely personated, such person might in any event become liable to an action or special proceeding, civil or criminal, or to pay a sum of money, or to incur a charge, forfeiture or penalty, or whereby any benefit might accrue to the offender or to another person; such person shall be guilty of the crime of false impersonation and punishable as hereinafter provided." The charge here involved is based upon the following words in said paragraph 4 of said section: "Does any other act in the course of any act or proceeding * * * whereby any benefit might accrue to the offender or to another person." The court sustained motions to quash the indictment upon the ground that the two counts therein did not charge a violation of any law of the state, dismissed the cause, and discharged the defendants. Only defendant in error Horkans is represented here by counsel.