Tashima v. People

Citations

• 58 Colo. 98

Syllabus

<p>1. Appeal and Error — Harmless Error. A party will not be heard to complain of the refusal of an instruction, in lieu of which one more favorable to him was given. (102)</p> <p>The withdrawal from the jury of one count of an information, is harmless. (104)</p> <p>2. -Verdict on Conflicting Evidence, controls in the Court of Review. (103)</p> <p>3. Bill of Exceptions — When Necessary. Error assigned upon an instruction to which no exception appears in the record will not be considered. BemMe. An exception to this rule may be made to avoid a miscarriage of justice. (102)</p> <p>4. -Requisites of. Complaint of improper remarks in the argument of counsel will not be considered where it is impossible to determine from the bill of exceptions what the exact language was, or the connection in which it was used. (102)</p> <p>5. Bailment — Defined. Bailment is the delivery of personal property by one person to another in trust for a specific purpose, with a contract, express or implied, that the trust shall be faithfully executed and the property returned' or duly accounted for when the special purpose is accomplished, or kept until the bailor reclaims it.</p> <p>Delivery of a certificate of deposit, by payee to another, merely that the person receiving it shall cause it to be renewed, held a bailment within Rev. Stat. Sec. 1688.* (104)</p>