Nora v. People, No. 24351

Docket NºNo. 24351
Citation176 Colo. 454, 491 P.2d 62
Case DateDecember 06, 1971
CourtSupreme Court of Colorado

Page 62

491 P.2d 62
176 Colo. 454
George Corky NORA, Plaintiff in Error,
v.
The PEOPLE of the State of Colorado, Defendant in Error.
No. 24351.
Supreme Court of Colorado, In Department.
Dec. 6, 1971.

[176 Colo. 455]

Page 63

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Kenneth J. Russell, Allan I. Lipson, Deputy State Public Defenders, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Paul D. Rubner, Sp. Asst. Atty. Gen., Eugene C. Cavaliere, Asst. Atty. Gen., for defendant in error.

DAY, Justice.

Plaintiff in error Nora, designated as defendant, was convicted of felony short-check (1967 Perm.Supp., C.R.S.1963, 40--14--20).

At trial defendant admitted writing the check designated in the information and some others. Defendant offered as a defense that he believed his step-brother had deposited, as promised, the sum of $1,000 in the account and that an additional $1,000 would be added when the first $1,000 was gone. He testified that his step-brother had received $64,000 in settlement of a damage claim and had bought him a new car, paid $4,000 of his bills and thus he relied on the promise of the additional funds. After opening the checking account defendant moved to New Mexico to be near his ailing mother. He was apprehended there. He testified that he never received notice of any short checks, but only a bank statement indicating that he had approximatly $50 in his account. He assigns as error the trial court's refusal to give an instruction on his theory of the case and the [176 Colo. 456] exclusion of tendered evidence to support his defense. We reverse.

I.

The trial court did not give an instruction on defendant's 'theory of the case,' after such an instruction had been tendered. The tendered instruction was grammatically incorrect, but the court refused to give any additional instruction and accepted the district attorney's argument that defendant's theory was incorporated into the general jury instruction given by the court on specific intent to defraud, as a material element of the crime charged. We disagree. In Johnson v. People, 145 Colo. 314, 358 P.2d 873 (1961), we reversed a conviction of aggravated robbery noting that '* * * no instruction was given which Directed the attention of the jury to any particular theory of defense

Page 64

relied upon * * *' (Emphasis added.) In the instant case, the general instruction on specific...

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10 practice notes
  • People v. Nunez, No. 91SC576
    • United States
    • Colorado Supreme Court of Colorado
    • November 9, 1992
    ...substance of such in an instruction drafted by the court. People v. Parsons, 199 Colo. 421, 422, 610 P.2d 93, 94 (1980); Nora v. People, 176 Colo. 454, 456, 491 P.2d 62, 64 (1971); Zarate v. People, 163 Colo. 205, 211, 429 P.2d 309, 312-13 Colorado's approach to the necessity to instruct on......
  • People v. Jones, No. 81SC260
    • United States
    • Colorado Supreme Court of Colorado
    • January 9, 1984
    ...Young v. People, supra at 355, 107 P. at 275; see also, e.g., People v. Moya, 182 Colo. 290, 512 P.2d 1155 (1973); Nora v. People, 176 Colo. 454, 491 P.2d 62 (1971); Zarate v. People, 163 Colo. 205, 429 P.2d 309 (1969); Leonard v. People, 149 Colo. 360, 369 P.2d 54 (1962). A new trial is ac......
  • State v. Riveira, No. 6132
    • United States
    • Supreme Court of Hawai'i
    • April 25, 1978
    ...the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction. Nora v. People, 176 Colo. 454, 491 P.2d 62 (1971); Zarate v. People, 163 Colo. 205, 429 P.2d 309 (1967) (en For the reasons stated in this part, the judgment of conviction i......
  • People v. Lundy, No. 25916
    • United States
    • Colorado Supreme Court of Colorado
    • April 7, 1975
    ...cases where there is evidence to support such an instruction.' Accord, People v. Reed, 180 Colo. 16, 502 P.2d 952 (1972); Nora v. People, 176 Colo. 454, 491 P.2d 62 (1971); Allen v. People, 175 Colo. 113, 485 P.2d 886 (1971); Phillips v. People, 170 Page 922 Colo. 520, 462 P.2d 594 (1969). ......
  • Request a trial to view additional results
10 cases
  • People v. Nunez, No. 91SC576
    • United States
    • Colorado Supreme Court of Colorado
    • November 9, 1992
    ...substance of such in an instruction drafted by the court. People v. Parsons, 199 Colo. 421, 422, 610 P.2d 93, 94 (1980); Nora v. People, 176 Colo. 454, 456, 491 P.2d 62, 64 (1971); Zarate v. People, 163 Colo. 205, 211, 429 P.2d 309, 312-13 Colorado's approach to the necessity to instruct on......
  • People v. Jones, No. 81SC260
    • United States
    • Colorado Supreme Court of Colorado
    • January 9, 1984
    ...Young v. People, supra at 355, 107 P. at 275; see also, e.g., People v. Moya, 182 Colo. 290, 512 P.2d 1155 (1973); Nora v. People, 176 Colo. 454, 491 P.2d 62 (1971); Zarate v. People, 163 Colo. 205, 429 P.2d 309 (1969); Leonard v. People, 149 Colo. 360, 369 P.2d 54 (1962). A new trial is ac......
  • State v. Riveira, No. 6132
    • United States
    • Supreme Court of Hawai'i
    • April 25, 1978
    ...the aid of counsel, either correct the defective instruction or to otherwise incorporate it into its own instruction. Nora v. People, 176 Colo. 454, 491 P.2d 62 (1971); Zarate v. People, 163 Colo. 205, 429 P.2d 309 (1967) (en For the reasons stated in this part, the judgment of conviction i......
  • People v. Lundy, No. 25916
    • United States
    • Colorado Supreme Court of Colorado
    • April 7, 1975
    ...cases where there is evidence to support such an instruction.' Accord, People v. Reed, 180 Colo. 16, 502 P.2d 952 (1972); Nora v. People, 176 Colo. 454, 491 P.2d 62 (1971); Allen v. People, 175 Colo. 113, 485 P.2d 886 (1971); Phillips v. People, 170 Page 922 Colo. 520, 462 P.2d 594 (1969). ......
  • Request a trial to view additional results

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