Hopper v. People, 20279
Decision Date | 03 June 1963 |
Docket Number | No. 20279,20279 |
Citation | 152 Colo. 405,382 P.2d 540 |
Parties | Charles Ray HOPPER, allas Charles Ray Baker, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
Court | Colorado Supreme Court |
Richard H. Duke, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John E. Bush, Asst. Atty. Gen., Denver, for defendant in error.
Plaintiff in error to whom we will refer as defendant, was found guilty of the crime of aggravated robbery. The trial court entered judgment on the verdict and imposed a sentence of from eight to fifteen years imprisonment in the state penitentiary.
As grounds for reversal counsel for defendant presents his argument under three captions as follows:
'1. That the court erred in denying defendant's motion for mistrial made at the commencement of Mr. Feldman's testimony.
'2. That the court erred in denying the motion for suppression of evidence.
On May 2, 1961, at about 8:00 P.M., Harry Feldman, owner of Mike's Liquor Store located on the north side of Colfax avenue immediately west of Wadsworth in Lakewood, Colorado, was robbed of $177.00 by an armed bandit. His assistant who had not seen the criminal notified the sheriff's office of the robbery. Upon the broadcast of the robbery an officer stationed near the scene recalled that at a time shortly before he had seen an off-red and black Mercury with one male occupant leave the White Spot Drive-in parking lot close to Mike's Liquor store, proceed south on Yarrow street toward Colfax, then back up and go north on Yarrow. He described it as a two-door. This information was broadcast by police officials to patrol cars on duty. After the broadcast another officer noted defendant's car proceeding west on 20th avenue to Wadsworth and then north on Wadsworth. The car, with a single occupant, was a two-tone red and black 1953 Mercury four-door. The defendant was stopped and questioned. A search of the trunk of the car disclosed a .38 calibre revolver and a subsequent search of defendant's person disclosed a roll of bills later found to amount to $161.00. Defendant was then taken to Mike's Liquor Store and was identified as the bandit.
At the commencement of the testimony of Mr. Feldman the following took place:
'
The foregoing testimony forms the basis of the first claim of error. While it was not mentioned again at any point during the trial, the motion for mistrial was renewed at the close of the evidence, at which time the district attorney commented as follows:
'For the record I should state with regard to the motion the defendant made, concerning the testimony of Mr. Feldman, the People contend that that was admissible and could be considered by the jury even though the Court has instructed the jury to disregard it, as showing plan, scheme and design, under the statute, and as announced in the case of Stull v. People, 140 Colo. 270 [278, 344 P.2d 455].'
The response made by the witness was unsolicited by any question asked of him, and the trial court promptly ordered the statement stricken and instructed the jury to disregard it, notwithstanding the incident to which the witness referred might well have been proper for consideration in establishing the identity of the defendant.
In Leick v. People, 136 Colo. 535, 322 P.2d 674, with reference to a somewhat similar situation we stated, inter alia:
From State v. Sinovich, 329 Mo. 909, 46 S.W.2d 877, we quote the following:
* * *'
In the instant case we hold that the trial court did not abuse its discretion in denying the motion for mistrial.
With reference to the second point on which counsel for defendant presents an argument, there was evidence from the officer...
To continue reading
Request your trial-
State v. Brooks
...States, 258 F.2d 379, 393 (8th Cir. 1958); Commonwealth v. Early, 349 Mass. 636, 212 N.E.2d 457, 458 (1965); Hopper v. People, 152 Colo. 405, 382 P.2d 540, 541-42 (1963); Redmon v. Commonwealth, 321 S.W.2d 397, 398 (Ky.1959); People v. Curtis, 232 Cal.App. 859, 43 Cal.Rptr. 286, 291 The ent......
-
Fresquez v. People
...of the trial court, and that this ruling will not be disturbed on review in the absence of a clear abuse of discretion. Hopper v. People, 152 Colo. 405, 382 P.2d 540; Leick v.People, 136 Colo. 535, 322 P.2d 674; Bolden v. People, 139 Colo. 532, 341 P.2d 466. The trial judge is in the best p......
-
People v. Manier
...refuse to order the district attorney to produce a non-existing statement. Oaks v. People, 161 Colo. 561, 424 P.2d 115; Hopper v. People, 152 Colo. 405, 382 P.2d 540. The district attorney here stated that he did not have such a statement. No In camera hearing was requested to pursue the ma......
-
Reed v. People
...has been an abuse of discretion. Maisel v. People, Colo., 442 P.2d 399; Hammons v. People, 153 Colo. 193, 385 P.2d 592; Hopper v. People, 152 Colo. 405, 382 P.2d 540; and Leick v. People, 136 Colo. 535, 322 P.2d 674. As we view this record with respect to this alleged error, we find no abus......
-
Section 7 SECURITY OF PERSON AND PROPERTY - SEARCHES - SEIZURES - WARRANTS.
...unreasonable when the officer conducting it had a probable and reasonable belief that an offense had been committed. Hopper v. People, 152 Colo. 405, 382 P.2d 540 (1963). Search of passenger's purse lawful when search of vehicle incident to lawful arrest of driver. People v. McMillon, 892 P......