People v. Neal, 25318

Decision Date30 April 1973
Docket NumberNo. 25318,25318
Citation509 P.2d 598,181 Colo. 341
PartiesThe PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John A. NEAL, Defendant-Appellant.
CourtColorado 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.

DAY, Justice.

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.

I.

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.

II.

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:

'* * * (W)e are not here concerned with the wisdom of a statute which permits showing the conviction of a person for Any felony for the limited purpose of affecting the credibility of that person when he testifies as a witness in a criminal proceeding. The General Assembly has resolved the matter. Hence, whether a prior conviction for Any felony does in logic and fact detract from the credibility of such a convicted person when he subsequently (perhaps years later) takes the witness stand, and whether a jury does in fact limit its use of such testimony to the witness' credibility and whether, if not, its use...

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11 cases
  • People v. Tippett, 86SA3
    • United States
    • Colorado Supreme Court
    • 9 Marzo 1987
    ...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......
  • People v. Henderson
    • United States
    • Colorado Court of Appeals
    • 21 Octubre 1976
    ...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,......
  • People v. Hubbard, 25770
    • United States
    • Colorado Supreme Court
    • 4 Marzo 1974
    ...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. ...
  • Hubbard v. Wilson, Civ. A. No. 75-F-361.
    • United States
    • U.S. District Court — District of Colorado
    • 16 Septiembre 1975
    ...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.......
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