People v. Jones, 26568

Citation551 P.2d 706,191 Colo. 110
Decision Date07 June 1976
Docket NumberNo. 26568,26568
PartiesThe PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Dennis Ray JONES, Defendant-Appellant.
CourtSupreme Court of Colorado

John D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., James S. Russell, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Edward A. Lipton, Deputy Public Defender, Denver, for defendant-appellant.

HODGES, Justice.

Defendant Jones was found guilty by a jury of first-degree murder. His main contention on this appeal is that the evidence was insufficient and therefore his conviction should be set aside. He also argues that the trial court Sua sponte failed to properly instruct the jury with reference to the credibility of an eyewitness to the murder. There is no merit to either of these contentions and therefore we affirm the judgment of the trial court.

The prosecution's evidence revealed that the victim died of a vicious beating administered by the defendant. The details of the beating were testified to by an eyewitness who also testified that he had been convicted of a felony (car theft). His testimony on a number of significant points was corroborated by the testimony of other witnesses. The defendant did not testify and elected to rest at the conclusion of the prosecution's case.

I.

In his brief, the defendant points out several inconsistencies between the eyewitness' testimony and other testimony presented by the prosecution. On this basis, he argues that the evidence thus presented must be held to be insufficient, as a matter of law, requiring a reversal of his conviction.

As we understand the defendant's argument on insufficiency of the evidence, he is not challenging the proof of any particular element of the crime of first-degree murder, but is rather attempting to suggest that the evidence is insufficient because the testimony of the witnesses presented by the prosecution reveal certain inconsistencies.

We make note at this point that the jury was properly instructed as to its function and responsibility of carefully weighing all the testimony, of judging the credibility of each of the witnesses, and of determining the weight to be given to the testimony of each witness. Also, both the prosecution and the defense counsel in closing arguments discussed the jury's duty to judge the weight to be given to the evidence furnished by each witness, and pointed out several of the inconsistencies in the testimony which the jury should consider in this regard.

Where the sufficiency of the evidence to support a guilty verdict is challenged, as here, the appellate court reviews the testimony in a light most favorable to the prosecution. If there is sufficient competent evidence presented to establish each of the essential elements of the crime charged, a guilty verdict may not be overturned by the appellate court, even though there may be conflicts and inconsistencies in the evidence. People v. Eades, 187 Colo. 74, 528 P.2d 382 (1974); People v. Gordon, 178 Colo. 406, 498 P.2d 341 (1972), and Dodge v. People, 168 Colo. 531, 452 P.2d 759 (1969). It is the jury's function to consider and determine what weight shall be given to all parts of the evidence. This includes the resolving of conflicts, inconsistencies, and disputes in the evidence. People v. Jiminez, 187 Colo. 97, 528 P.2d 913 (1974).

The following statement in Godfrey v. People, 168 Colo. 299, 451 P.2d 291 (1969) is applicable here:

'(I)t has long been established and frequently declared that this court in a criminal case cannot substitute its judgment for that of the jury on the weight of the evidence and the credibility of the witnesses. . . . This court cannot invade the province of the jury by making a re-determination on conflicting evidence.'

Our review of this record reveals a fabric of competent evidence which amply supports the jury's verdict. The several inconsistencies between the eyewitness' testimony and other testimony presented were resolved by the jury in favor of the prosecution.

II.

The defendant also urges reversal on the claim that the trial court erred when it did not instruct the jury on the weight to be given the testimony of the eyewitness because he is a convicted felon. The defendant also maintains that the trial court...

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19 cases
  • People v. Diefenderfer
    • United States
    • Supreme Court of Colorado
    • December 4, 1989
    ...not be overturned by an appellate court even though there are conflicts and inconsistencies in the evidence. Id., People v. Jones, 191 Colo. 110, 112, 551 P.2d 706, 707 (1976). Here we find that the evidence viewed in the light most favorable to the prosecution is adequate to sustain the ve......
  • People v. Davis, 87SA288
    • United States
    • Supreme Court of Colorado
    • May 14, 1990
    ...... (v. 33, p. 41) .         Considering this evidence in the light most favorable to the prosecution, People v. Jones, 191 Colo. 110, 551 P.2d 706 (1976), we find it is sufficient to support the jury's finding that, beyond a reasonable doubt, the statutory aggravator ......
  • Kogan v. People, 85SC489
    • United States
    • Supreme Court of Colorado
    • May 9, 1988
    ...parts of the evidence. This includes the resolving of conflicts, inconsistencies, and disputes in the evidence. People v. Jones, 191 Colo. 110, 112, 551 P.2d 706, 707 (1976); People v. Aalbu, 696 P.2d 796, 811 (Colo.1985). An appellate court is not permitted to sit as a thirteenth juror and......
  • State v. Rivera, 7025
    • United States
    • Supreme Court of Hawai'i
    • June 6, 1980
    ......at 219, 245 N.W.2d at 618; State v. Craig, 169 Mont. at 156, 545 P.2d at 653; People v. Reilly, 85 Misc.2d 702, 381 N.Y.S.2d 732 (1976); People v. Gould, 188 Colo. 113, 532 P.2d 953 ......
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