People v. Neal, 25318
Decision Date | 30 April 1973 |
Docket Number | No. 25318,25318 |
Citation | 509 P.2d 598,181 Colo. 341 |
Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John A. NEAL, Defendant-Appellant. |
Court | Colorado Supreme Court |
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Sara Duncan, Asst. Attys. Gen., Denver, for plaintiff-appellee.
Rollie R. Rogers, Colo., State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.
Defendant-appellant John A. Neal was charged and convicted by a jury of the crimes of support by prostitution and rape, violations of C.R.S.1963, 40--9--11 and 40--2--25.
On appeal, defendant raises two issues: (I) The trial court erred in admitting into evidence Exhibit B, a Xerox copy of the registration card of a local motel; and (II) the trial court erred in denying defendant's motion to suppress evidence of a prior felony conviction.
We do not agree that the admission of the photocopy of defendant's registration card at the motel was erroneous. Independent of, and separate from, the registration card was the testimony of the manager of the motel. In these circumstances, the fact of registration by the defendant was also proved by evidence independent of the copy of the registration card. See Stovell v. Alert Gold Mining Co., 38 Colo. 80, 87 P. 1071.
In addition, there was sufficient evidence to raise the inference that the original record was lost so that 'the best evidence' rule did not apply, and the admission of a copy was proper. Askins v. Easterling, 141 Colo. 83, 347 P.2d 126; Empire State Surety Co. v. Lindenmeier, 54 Colo. 497, 131 P. 437. See also Hobson v. Porter, 2 Colo. 28.
Concerning defendant's second contention of error in denying his motion to suppress his prior felony conviction, we reaffirm this court's holding in Lacey v. People, 166 Colo. 152, 442 P.2d 402. Therein we stated:
credibility and whether, if not, its use ...
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People v. Tippett, 86SA3
...United States v. Walker, 313 F.2d 236 (6th Cir.), cert. denied, 374 U.S. 807, 83 S.Ct. 1695, 10 L.Ed.2d 1031 (1963); People v. Neal, 181 Colo. 341, 509 P.2d 598 (1973); Fed.R.Evid. 608 advisory committee's note; M. Graham, Handbook of Federal Evidence § 608.2 at 445-48 (2d ed. 1986); 2 J. W......
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People v. Henderson
...stand is subject to impeachment in the same manner as other witnesses. People v. Thompson, 182 Colo. 198, 511 P.2d 909; People v. Neal, 181 Colo. 341, 509 P.2d 598. The extent of cross-examination of a witness to determine his credibility is within the court's discretion. Tarling v. People,......
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People v. Hubbard, 25770
...not granted the trial judge discretion to foreclose the use of prior felony convictions to impeach a defendant's testimony. People v. Neal, Colo., 509 P.2d 598 (1973); Bowland v. People, 136 Colo. 57, 314 P.2d 685 Accordingly, we affirm. KELLEY, J., does not participate. ...
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Hubbard v. Wilson, Civ. A. No. 75-F-361.
...of affecting the credibility of such witness. (Now CRS 1973 XX-XX-XXX) Colorado cases upholding the statute include: People v. Neal, 509 P.2d 598 (Colo. 1973); Bowland v. People, 136 Colo. 57, 314 P.2d 685 (1957); Lacey v. People, 166 Colo. 152, 442 P.2d 402 (1968); People v. Yeager, 513 P.......