LaBlanc v. People
| Citation | 421 P.2d 474,161 Colo. 274 |
| Decision Date | 19 December 1966 |
| Docket Number | No. 21882,21882 |
| Parties | Francis John LaBLANC, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Supreme Court of Colorado |
John J. Gaudio, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Depuy Atty. Gen., Robert C. Miller, Asst. Atty. Gen., Denver, for defendant in error.
The plaintiff in error, hereinafter referred to as the defendant, was convicted of the crimes of rape, burglary, and assault with a deadly weapon, and was sentenced to a lengthy term in the state penitentiary. From this conviction and sentence the defendant now brings error.
The basis of defendant's writ of error is predicated upon three separate contentions. First, the defendant urges that since there was no corroboration of the testimony of the prosecuting witness, the trial court should have granted his motion for judgment of acquittal; second, that the refusal of the court to remove television cameras and other cameras from the courtroom, upon request of the defendant, so prejudiced the defendant that it destroyed the possibility of his receiving a fair and impartial trial; and, third, that the court erred in permitting a Denver detective to testify as to the existence of a tattoo on the defendant and then ordering the defendant to exhibit his arm to the jury. We hold that there is no merit to any of the contentions of the defendant.
As to the defendant's first contention, regarding the non-corroboration of the testimony of the prosecuting witness, it is not the law that corroboration is essential in every case to support a conviction of forcible rape. Each case must be decided on an Ad hoc basis. The character of the prosecuting witness, the probability or improbability of her testimony or whether it is conflicting and contradictory, are often determinative of the need of corroboration. Dickens v. People, 60 Colo. 141, 152 P. 909; Peckham v. People, 32 Colo. 140, 75 P. 422; Bueno v. People, 1 Colo.App. 232, 28 P. 248.
In the case as bar the prosecuting witness was straightforward, explicit and her testimony was quite detailed. The account of her encounter with the defendant was not improbable, incredible or contradictory, nor was her testimony discredited upon cross-examination. In addition, she testified that immediately upon the defendant's departure from the home following the commission of the offense she summoned the police and made a report of the incident. She then made an appointment with her doctor and called her aunt to care for her children while she kept the appointment.
No evidence was presented at the trial which questioned the character or statements of the prosecuting witness, and her testimony stands as believable and uncontradicted.
On the question of corroboration, we said in Davis v. People, 112 Colo. 452, 150 P.2d 67:
'In criminal trials for rape * * * the courts are unanimous in holding that it may be shown by the testimony of the prosecuting witness, or that of other witnesses, that the prosecutrix made complaint of the outrage soon after its commission, for the purpose of corroborating the testimony of the prosecutrix * * *.'
See also Padilla v. People, 156 Colo 186, 397 P.2d 741.
With reference to defendant's second contention, the only matter in the record pertaining to the presence of television cameras or other similar...
To continue reading
Request your trial
-
State v. Harman
...not extend to prevent the physical appearance of a person at trial. Battese v. State, 425 P.2d 606 (Alaska 1967); LaBlanc v. People, 161 Colo. 274, 421 P.2d 474 (1966); State v. Anthony, 332 So.2d 214 (La.1976); State v. Trueman, 303 Minn. 426, 227 N.W.2d 824 (1975); State v. Jackson, 444 S......
-
State v. Hanna
...See also King v. State, 390 So.2d 315 (Fla.1980), cert. denied, 450 U.S. 989, 101 S.Ct. 1529, 67 L.Ed.2d 825 (1981); LaBlanc v. People, 161 Colo. 274, 421 P.2d 474 (1966); Commonwealth v. Burden, 15 Mass.App. 666, 448 N.E.2d 387, review denied, 389 Mass. 1102, 451 N.E.2d 1166 (1983); State ......
-
State v. Byers
...the probability or improbability of her testimony and whether her testimony is conflicting and contradictory. LaBanc v. People, 161 Colo. 274, 421 P.2d 474 (1966). See also People v. Gray, 40 Ill.App.3d 52, 351 N.E.2d 339 (1976) (no corroboration needed if testimony clear and convincing); R......
-
People v. Bell
...right not to display his person. Holt v. United States, 218 U.S. 245, 31 S.Ct. 2, 54 L.Ed. 1021 (1910); LeBlanc v. People, 161 Colo. 274, 421 P.2d 474 (1967). Accordingly, it was impermissible for the trial court to sacrifice defendant's right to present his defense in favor of any right of......