McIntosh v. City & County of Denver

19 P.2d 753, 92 Colo. 301, 1933 Colo. LEXIS 315

Opinion

Mr. Justice Butler

delivered the opinion of the court.

John A. McIntosh was charged in the Denver police court with vagrancy, was found guilty and was fined $50. He appealed to the county court, was tried without a jury, was found guilty, and was sentenced to imprisonment for 30 days.

On review, the recor'd is viewed in the light most favorable to the party successful in the trial court, and every inference fairly dedncible from tbe evidence is drawn in favor of the judgment. Hiner v. Cassidy, 92 Colo. 78, 18 P. (2d) 309; Roberts v. Dietz, 88 Colo. 594, 298 Pac. 1062. It would serve no useful purpose to detail the evidence. It is sufficient to say that, giving the City and County of Denver" the full benefit of the 'rule stated above, we find, after a painstaking examination of the record, that the evidence is wholly insufficient to sustain the charg*e.

The judgment is reversed, and the cause is remanded with the direction to the county court to dismiss the proceeding.

Mr. Chibe Justice Adams, Mr. Justice Hilliabd and Mr. Justice Bouck concur.