Kloberdanz v. People, 13293.

Decision Date16 April 1934
Docket Number13293.
Citation95 Colo. 30,31 P.2d 1111
PartiesKLOBERDANZ v. PEOPLE.
CourtColorado Supreme Court

In Department.

Error to District Court, Adams County; Samuel W. Johnson, Judge.

Jack Kloberdanz was convicted of operating a still for the manufacture of intoxicating liquor, and he brings error.

Reversed.

J. Paul Hill, of Brighton, and O. Otto Moore, of Denver, for plaintiff in error.

Paul P Prosser, Atty. Gen., and Charles H. Queary, Asst. Atty. Gen for the People.

BUTLER Justice.

Jack Kloberdanz was convicted of operating a still for the manufacture of intoxicating liquor, and was sentenced to imprisonment in the penitentiary. He seeks a reversal of the judgment.

Only two assignments of error are argued, viz., that the court erred in permitting the district attorney to indorse on the information, just Before the commencement of the trial, the names of two witnesses, and that the court erred in denying the defendant's application for a continuance. The questions presented are closely connected.

When the case was called for trial, but Before the trial began the district attorney asked permission to indorse on the information the names of Gertrude Poleski and Lucille Spahn as witnesses for the people. Defendant's counsel objected, stating that the defendant was not prepared to meet the testimony of the two witnesses; that he had no idea that they would be called, no way of finding out what they would testify to, and 'no idea to find out anything about them.' The objection was overruled, and the names were indorsed on the information. When each of the two witnesses was called to the stand to testify in chief, defendant's counsel objected to her testifying. At the close of the people's case, counsel moved for a continuance for twenty-four hours in order that witnesses might be summoned to rebut the testimony of the two women, and concerning the reputation of Lucille Spahn. The application was denied and the trial proceeded and was finished on the same day.

The only testimony connecting the defendant with the crime, other than that of the two women, was given by John Poleski and Jacob Spahn, who also were charged with the same crime. The court gave a cautionary instruction concerning the testimony of accomplices. The testimony of Poleski and Spahn was flatly contradicted by the defendant. His theory was, and is, that they laid the crime to him to lessen their own punishment, if not to escape punishment entirely. In the circumstances, it was highly important to have the testimony of other witnesses, and that of the two women may well have spelled the difference between acquittal...

To continue reading

Request your trial
8 cases
  • Roll v. People
    • United States
    • Colorado Supreme Court
    • June 6, 1955
    ...is deemed essential, we refer to Baker v. People, 72 Colo. 207, 210 P. 323; Stone v. People, 71 Colo. 162, 204 P. 897; Kloberdanz v. People, 95 Colo. 30, 31 P.2d 1111; Grandbouche v. People, 104 Colo. 175, 89 P.2d 577, 580. The Statute governing such matters is Section 455, chapter 48, '35 ......
  • People v. Brake
    • United States
    • Colorado Supreme Court
    • August 23, 1976
    ...See also Goldsberry v. People, 149 Colo. 431, 369 P.2d 787 (1962). Thus, this case is very different from Kloberdanz v . People, 95 Colo. 30, 31 P.2d 1111 (1934), relied upon by the appellant, where we referred to the 'prejudice . . . of substantial rights' and the fact that the district at......
  • People v. Bailey, 26410
    • United States
    • Colorado Supreme Court
    • August 9, 1976
    ...the defendant can adequately prepare his defense by investigating the information furnished by endorsed witnesses. Kloberdanz v. People, 95 Colo. 30, 31 P.2d 1111 (1934). However, granting leave for the late endorsement of witnesses by the prosecution is a matter within the discretion of th......
  • Gorum v. People
    • United States
    • Colorado Supreme Court
    • January 13, 1958
    ...reversible error. Roll v. People, 132 Colo. 1, 284 P.2d 665; Grandbouche v. People, 104 Colo. 175, 89 P.2d 577; Kloberdanz v. People, 95 Colo. 30, 31 P.2d 1111; Baker v. People, 72 Colo. 207, 210 P. 323; Stone v. People, 71 Colo. 162, 204 P. 897; Wickham v. People, 41 Colo. 345, 93 P. 478. ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT