Downey v. Peopl

215 P.2d 892 (Colo. 1950)

Facts

Downey (D) was convicted of murdering his wife. The autopsy stated that the death was caused by strangulation. The body of his wife was in such a position that the cause of death could not have been accidental D had guided the witnesses to where the body was found and made a number of incriminating statements (the blood in his shirt was his wife's). D eventually confessed that he killed his wife. At trial, it was proven that the body was not in disarray and that the cause of death was strangulation. D moved for a directed verdict of acquittal because corpus delicti had not been established. D's motion was denied, and D appealed.