OAKS v. PEOPLE

No. 19992.

371 P.2d 443 (1962)

Carl Robert OAKS, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado. En Banc.

As Modified on Denial of Rehearing May 28, 1962.


Attorney(s) appearing for the Case

Carl Robert Oaks, pro se.

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., F. J. Brauer, Asst. Atty. Gen., Denver, for defendant in error.


FRANTZ, Justice.

Should this court reverse a judgment and sentence in a criminal case where the guilt of the defendant is indicated but the record reveals the commission of serious, prejudicial errors in the conduct of the trial? Such is the dilemma confronting the court in this review by writ of error.

Immediately the question is put, the answer comes to mind: all that need be done is for the court to weigh the rights and interests of society as against those...

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