Raullerson v. People, 21230
| Decision Date | 14 March 1966 |
| Docket Number | No. 21230,21230 |
| Citation | 412 P.2d 236,159 Colo. 395 |
| Parties | Nathaniel RAULLERSON, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Colorado Supreme Court |
Donald L. Lozow, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., John P. Moore, Asst. Atty. Gen., Denver, for defendant in error.
Plaintiff in error, hereinafter referred to as the defendant, was found guilty of the crime of larceny of a motor vehicle. Judgment was entered upon the verdict of the jury and the defendant is here on writ of error seeking reversal on four assignments of error, as follows:
'I. The Court erred in allowing the late endorsement of witnesses, both before trial and during the trial.
'II. The Court erred in allowing the case to go to the jury as there was not a prima facie showing of one of the material allegations, to-wit: that the owner of the vehicle in question had not given consent to the Defendant to use the vehicle.
'III. The Court violated the Best Evidence Rule in allowing the State to enter into evidence State's Exhibit 'F'.
The evidence produced by the people tended to prove the following facts: One, William Gonzales, was the purchaser of a certain 1958 white Chevrolet Impala automobile, which he had in his possession on May 17, 1962. On that date Gonzales drove the automobile to a hospital in the city of Denver where the car was left by him in a parking lot. When he returned to the place where the car had been parked he found that it was no longer there. After reporting the vehicle missing, he conducted his own investigation as to the whereabouts of his car, and while so doing, on May 19, 1962, he located it in the 2200 block on York street. He stated that he gave no one permission to remove his car from the lot where he had parked it and that he had no license plates on it while it was in his possession.
James J. Daley, a patrolman with the Denver Police Department, testified that on May 19, 1962, pursuant to a call, he arrived at 2225 York street where he observed a 1958 white Chevrolet sedan. He stated that at that time the car had Colorado license plate AR-7239 affixed to it.
Officer Paul E. Shiveley testified that he went to the address of Mr. Gonzales at which place he attempted to use certain keys previously taken from the possession of the defendant. One of the keys fit the door lock, trunk lock and ignition on Mr. Gonzales' car.
The defendant was identified by a 12 1/2 year old girl as the person driving a 1958 white Chevrolet Impala on Eudora street on May 19, two days following the theft. Exhibit F, an 'accounting stub' which was part of the records of the Motor Vehicle Department of the city of Denver relating to motor vehicle license renewal and registration, was admitted in evidence over objection. It was established by this exhibit that the license plates found on the stolen car were originally issued to the defendant for use on a motor vehicle of a different make.
The trial court committed no error in permitting the district attorney to endorse witnesses immediately prior to the trial, and no error was committed warranting a reversal of the judgment by admitting the testimony of the witness Gallatin, even though he had not theretofore been endorsed as a witness on the information.
It appears that several days before the date of trial the attorney for the defendant was given written notice that application would be made to endorse the names of three additional witnesses upon the information. He was then advised concerning the evidence to be elicited from each of them. That evidence related to the procedures involved in the registration of motor vehicles by the city of Denver. There was no showing whatever that the defendant could have disproved any of this evidence if he had an earlier notification that the witnesses were to be called. No request was made for a reasonable time within which to contradict the evidence given by these witnesses. Not one word of testimony was offered by the defendant to dispute any of the state's evidence. We have...
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People v. Freeman
...authenticated by an individual officially charged with their custody, and no further foundation was required. Raullerson v. People, 159 Colo. 395, 412 P.2d 236 (1966). The defendant also asserts error in the admission of video tapes of sales of automobiles made by him to the undercover fenc......
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People v. Diaz
...of consent of Both the equitable and legal owners of property need Not be proven to support a conviction for theft. Raullerson v. People, 159 Colo. 395, 412 P.2d 236; Griffin v. People, 157 Colo. 72, 400 P.2d 928; Romero v. People, 134 Colo. 342, 304 P.2d 639. As we stated in Raullerson, su......
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People v. MacFarland
...contents of Treme's testimony in advance of the trial. Thus, the defendant was not prejudiced and no error exists. Raullerson v. People, 159 Colo. 395, 412 P.2d 236 (1966). IV. Finally, defendant moved for a mistrial because of certain remarks made by the prosecutor during his closing argum......
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People v. McCain
...or in the person in possession thereof at the time of the alleged theft. People v. Diaz, 182 Colo. 369, 513 P.2d 444; Raullerson v. People, 159 Colo. 395, 412 P.2d 236; Griffin v. People, 157 Colo. 72, 400 P.2d 928; Romero v. People, 134 Colo. 342, 304 P.2d 639. It follows that here, where ......