Debose v. People - Colorado Supreme Court

Debose v. People

By Colorado Supreme Court

  • Release Date: 1971-08-09
  • Genre: Law
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We will not permit our courts to be so narrowly circumscribed in their discretion to mete out punishment to fit the crime. It is too plain for cavil that society suffers more when two or more persons act together with Machiavellian intent to plan, engineer, perfect, and carry out a vicious crime than when one person undertakes to commit a crime by himself. To say that a merger occurs which requires that sentences be imposed on a concurrent basis is to overlook the plain legislative intent behind the creation of the statute which makes conspiracy a separate crime. The conspiracy statute does not single out robbery as the crime which is to be punished. The gravamen of the crime of conspiracy is the illicit agreement to commit a felony. C.R.S. 1963, 40-7-35.
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