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People ex rel. Colorado Bar Ass'n v. Thomas

The People Ex Rel. the Colorado Bar Association v. Wm. J. Thomas

People ex rel. Colo. Bar Ass'n v. Thomas, 91 P. 36 (Colo. 1906)
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Court
Supreme Court of Colorado · State Highest Courts
Decided
March 5, 1906
Docket
No. 4784
Judges
Gunter
Citations
91 P. 3636 Colo. 126
Disposition
Demurrer sustained.
Headnotes
Attorneys. at Law — Disbarment—Embracery—Demurrer. Where an. information in disbarment proceedings charges the respondent with the crime of embracery, an answer setting up his acquittal upon a criminal charge based upon the same facts is not a defense to the proceeding for disbarment, and a demurrer to such answer will be sustained. — P. 127.
Summary
Original proceeding in disbarment on the relation of the Colorado Bar Association against William J. Thomas. Demurrer to information. Decision en banc..

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gunter

Mr. Justice Gunter delivered the opinion of the court:

The information herein charges respondent with the crime of embracery. The answer denies the allegations of the information, and sets up two affirmative defenses, each entitled “further and separate answer.” The one of these affirmative defenses alleges that respondent was proceeded against in a criminal action for the same crime as that charged in the information, embracery, and acquitted thereof. The other sets up a proceeding fop contempt, and an acquittal thereof.

A general demurrer presents the question of the sufficiency of these two' defenses.

It is contended by counsel that the same principle obtains as to both defenses,' that is, if the acquittal in the criminal proceeding is not a complete defense to this action for disbarment, then the acquittal in the action for contempt is likewise not a defense.

That the acquittal upon the criminal charge is not a defense to a proceeding for disbarment, based upon the same facts, is stare decisis in this jurisdic tion.

— People v. Mead, 29 Colo. 348 ;

People v. Weeben, 26 Colo. 229 .

Other authorities to the same effect are: In the matter of an attorney, 86 N. T. 563;

In re Wellcome, 23 Montana 213.

Demurrer sustained.

Decision en banc.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1914: 11916: 11921: 11927: 11933: 11937: 11938: 11962: 119142026peak 1914 · 1

Relies on it most ⓘ

  1. In re Browning179 N.E.2d 14 (Ill. 1962)
  2. Williford v. State194 S.E. 384 (Ga. Ct. App. 1937)
  3. State v. Lewis159 N.W. 746 (Wis. 1916)
  4. State v. Metcalfe214 N.W. 874 (Iowa 1927)
  5. State ex rel. Murphy v. Snook139 P. 764 (Wash. 1914)
  6. In re Doe95 F.2d 386 (2d Cir. 1938)

Most recent

  1. In re Browning179 N.E.2d 14 (Ill. 1962)
  2. In re Doe95 F.2d 386 (2d Cir. 1938)
  3. Williford v. State194 S.E. 384 (Ga. Ct. App. 1937)
  4. In re Proceedings Against Richards for Disbarment63 S.W.2d 672 (Mo. 1933)
  5. State v. Metcalfe214 N.W. 874 (Iowa 1927)
  6. In re O'Brien113 A. 527 (Vt. 1921)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
People ex rel. Colo. Bar Ass'n v. Webber, 26 Colo. 229 (1899) 18
People ex rel. Colo. Bar Ass'n v. Clinton, 29 Colo. 344 (1902) 14

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