Stewart v. People
| Decision Date | 13 March 1967 |
| Docket Number | No. 21293,21293 |
| Citation | 162 Colo. 122,426 P.2d 548 |
| Parties | Fred E. STEWART and Lorin J. Ponton, Plaintiffs in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Colorado Supreme Court |
Samuel J. Merlo, Cortez, for plaintiffs in error.
Al Haas, Dist. Atty., Sixth Judicial Dist., Durango, Duke W. Dunbar, Atty. Gen., Denver, for defendant in error.
This is a companion case to Stewart and Ponton v. People, No. 21295, 426 P.2d 545, decided this date. The defendants here were convicted of burglary, larceny, conspiracy to commit burglary and conspiracy to commit larceny. The charges arose out of a burglary of the offices of one L. M. Perkins, an attorney in Durango, Colorado. Stewart was sentenced to from eight to ten years in the state penitentiary on each of the four counts--the sentences to run concurrently. Ponton was sentenced to concurrent terms of from six to ten years in the penitentiary on each of the four counts. From these judgments, Stewart and Ponton bring writ of error.
The facts concerning Stewart's and Ponton's arrest and the events thereafter are detailed in Stewart and Ponton v. People, No. 21295, supra.
Defendants contend in this case (1) that evidence was improperly admitted because of illegal search and seizure, (2) money taken from the trouser cuffs of the defendants during the search of their persons was improperly admitted because it was immaterial, and (3) the court improperly instructed the jury with respect to the evidentiary effect of recent possession of stolen property.
Defendants' argument with respect to admission of evidence which they contend was the fruit of an improper search and seizure has been dealt with in Stewart and Ponton v. People, No. 21295, 426 P.2d 545, decided this date, where we held that the evidence was admissible and that the search and seizure was not improper.
Testimony was allowed that four one hundred dollar bills were found on the person of the defendant, Stewart. This money was not connected in any way with the burglary, had no relationship with the burglary, and had no relevancy to the issues in this case. The fruits of a reasonable search are not admissible solely because they were found during a valid search. They must be material and relevant to the issue in the case. The trial court erroneously permitted this evidence to be admitted.
The trial court gave the following instruction:
'The Court instructs the jury that the...
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...wearing at the time of the commission of the crimes charged. See People v. Penno, 188 Colo. 307, 534 P.2d 795 (1975); Stewart v. People, 162 Colo. 122, 426 P.2d 548 (1967). VI. Defendant's tendered instructions relating to causation and supervening cause were refused by the trial court. Def......
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...be convicted on such evidence alone. Russell v. People, 125 Colo. 290, 242 P.2d 610; Martinez v. People, Colo., 431 P.2d 765; Stewart v. People, Colo., 426 P.2d 548; Attwood v. People, Colo., 439 P.2d 40 (decided April 1, In the instant action the only objection made to the giving of the in......
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Attwood v. People, 23222
...the facts and circumstances proven upon trial, that Defendant came into possession of the property honestly.' Our decision in Stewart v. People, Colo., 426 P.2d 548, of which the court and the prosecutor should have been aware, was issued March 13, 1967. This case was tried on June 22 and J......
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People v. Penno, 26129
...'must only be connected in some manner with either the perpetrator, the victim or the crime.' The defendant cites Stewart v. people, 162 Colo. 122, 426 P.2d 548 as requiring the exclusion of the pistol from evidence under this test. In Stewart the prosecutor introduced four one-hundred doll......
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The Use of Demonstrative Evidence in Criminal Cases
...Washington v. People, 158 Colo. 115, 405 P.2d 735, cert. denied 383 U.S. 953, 86 S.Ct. 1217, 16 L.Ed.2d 215 (1966). 4. Stewart v. People, 162 Colo. 122, 426 P.2d 548 (1967). 5. Jones v. People, 146 Colo. 40, 360 P.2d 686 (1961). 6. Washington v. People, supra, note 3. 7. People v. Atencio, ......