People v. Fowler, No. 25248

Docket NºNo. 25248
Citation516 P.2d 428, 183 Colo. 300
Case DateDecember 03, 1973
CourtSupreme Court of Colorado

Page 428

516 P.2d 428
183 Colo. 300
The PEOPLE of the State of Colorado, Plaintiff-Appellee,
v.
Doyle Raymond FOWLER and Lsabel M. Fowler, Defendants-Appellants.
No. 25248.
Supreme Court of Colorado, En Banc.
Dec. 3, 1973.

[183 Colo. 301] Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Jack E. Hanthorn, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Douglass F. Primavera, Denver, for defendant-appellant.

LEE, Justice.

Appellants were convicted in the Jefferson County district court of prostitution (C.R.S.1963, 40--9--11) and conspiracy to commit prostitution (C.R.S.1963, 40--7--35). The prostitution count of the information charged that Doyle Raymond Fowler and Isabel M. Fowler, being over the age of 18 years, did knowingly and feloniously live on and were supported and maintained, in whole or in part, by money realized, procured and earned by a female person through her own prostitution.

On the morning of trial, after members of the jury panel had assembled for duty, appellants determined to waive a jury trial, and did so in writing. Trial was then to the court, which found both appellants guilty on both charges.

In brief summary, the record convincingly established that [183 Colo. 302] appellants provided a house at 305 Sheridan Boulevard in Jefferson County where, under the guise of operating a massage parlor, a prostitution business was carried on. The earnings from the business were shared equally by the prostitutes and the appellants. Testimony was presented from one of the prostitutes concerning the details of the operation, including daily payments to appellants of one-half of the illicit earnings. Further corroborative evidence was presented by an undercover agent who had conducted a surveillance of the premises. Appellant, Doyle Raymond Fowler, testified for the defense, admitting the maintenance of the massage business but disclaiming knowledge or participation in the prostitution business.

I.

Appellants in their briefs raised several constitutional challenges to the

Page 429

prostitution statute, C.R.S.1963, 40--9--11. At oral argument, however, they abandoned all contentions of unconstitutionality except the claim that there was in existence another statute, C.R.S.1963, 49--9--15, concerning keeping a lewd house, punishable as a misdemeanor, under which they could have been charged; and that, therefore, the district attorney was granted an unlawful discretion in the choice of criminal charges that might...

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15 practice notes
  • People v. Curtis, Nos. 82SC414
    • United States
    • Colorado Supreme Court of Colorado
    • 23 Abril 1984
    ...present evidence from which it could be reasonably inferred that waiver was not voluntary, knowing and intentional. See People v. Fowler, 183 Colo. 300, 516 P.2d 428 (1973) (right to jury trial). We have applied the latter standard of proof in Curtis. We need not decide which burden of proo......
  • State v. Gore, No. 17769.
    • United States
    • Supreme Court of Connecticut
    • 23 Septiembre 2008
    ...see also cases cited in footnote 17 of this opinion; cf. Bolt v. State, 314 Ark. 387, 387-91, 862 S.W.2d 841 (1993); People v. Fowler, 183 Colo. 300, 303-304, 516 P.2d 428 (1973); State v. Foote, 149 N.H. 323, 324-27, 821 A.2d 1072 (2003); but see, e.g., United States v. Leja, 448 F.3d 86, ......
  • People v. Trusty, No. 26142
    • United States
    • Colorado Supreme Court of Colorado
    • 3 Diciembre 1973
    ...of a search warrant. Relying primarily upon Cady v. Dombrowski, Supra, as a statement of controlling constitutional law, the majority has [183 Colo. 300] concluded that the police, pursuant to an internal police department regulation, may conduct an inventory search of an impounded vehicle ......
  • People v. Norman, No. 83SA290
    • United States
    • Colorado Supreme Court of Colorado
    • 10 Junio 1985
    ...be by the court. Any such waiver is effective only if it is made understandingly, voluntarily and deliberately, see People v. Fowler, 183 Colo. 300, 516 P.2d 428 (1973); People v. Evans, 44 Colo.App. 288, 612 P.2d 1153 (1980), and any conclusion that a valid waiver was made must be a matter......
  • Request a trial to view additional results
15 cases
  • People v. Curtis, Nos. 82SC414
    • United States
    • Colorado Supreme Court of Colorado
    • 23 Abril 1984
    ...present evidence from which it could be reasonably inferred that waiver was not voluntary, knowing and intentional. See People v. Fowler, 183 Colo. 300, 516 P.2d 428 (1973) (right to jury trial). We have applied the latter standard of proof in Curtis. We need not decide which burden of proo......
  • State v. Gore, No. 17769.
    • United States
    • Supreme Court of Connecticut
    • 23 Septiembre 2008
    ...see also cases cited in footnote 17 of this opinion; cf. Bolt v. State, 314 Ark. 387, 387-91, 862 S.W.2d 841 (1993); People v. Fowler, 183 Colo. 300, 303-304, 516 P.2d 428 (1973); State v. Foote, 149 N.H. 323, 324-27, 821 A.2d 1072 (2003); but see, e.g., United States v. Leja, 448 F.3d 86, ......
  • People v. Trusty, No. 26142
    • United States
    • Colorado Supreme Court of Colorado
    • 3 Diciembre 1973
    ...of a search warrant. Relying primarily upon Cady v. Dombrowski, Supra, as a statement of controlling constitutional law, the majority has [183 Colo. 300] concluded that the police, pursuant to an internal police department regulation, may conduct an inventory search of an impounded vehicle ......
  • People v. Norman, No. 83SA290
    • United States
    • Colorado Supreme Court of Colorado
    • 10 Junio 1985
    ...be by the court. Any such waiver is effective only if it is made understandingly, voluntarily and deliberately, see People v. Fowler, 183 Colo. 300, 516 P.2d 428 (1973); People v. Evans, 44 Colo.App. 288, 612 P.2d 1153 (1980), and any conclusion that a valid waiver was made must be a matter......
  • Request a trial to view additional results

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