Van Pelt v. People, 23742

Decision Date23 November 1970
Docket NumberNo. 23742,23742
Citation173 Colo. 201,476 P.2d 999
PartiesPaul VAN PELT, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.
CourtColorado Supreme Court

Petrie, King, Woodrow & Roushar, Victor T. Roushar, Montrose, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Michael T. Haley, Asst. Atty. Gen., Denver, for defendant in error.

DAY, Justice.

In Howard v. People, Colo., 477 P.2d 378, announced this date, we have reiterated the necessary elements to guide a trial court in determining whether it should instruct the jury on a lesser included offense. People v. Futamata, 140 Colo. 233, 343 P.2d 1058, is a case discussing in considerable detail the test involved.

Thus in this case no good purpose would be served in restating the law in answer to the contention by the plaintiff in error--who was convicted of issuing a check for $50 on a bank in which he did not have sufficient funds--that he was entitled to an instruction on the lesser included offense of issuing a short check under $50. In evidence was the check which on its face was for the sum of $50. A check cannot be for $50 and under $50 at the same time. A statement of the proposition itself refutes the argument advanced.

The plaintiff in error in seeking reversal of his conviction additionally argued that the admission of evidence of other checks did not tend to prove intent, design or motive in the commission of the charge being tried because of the remoteness of time of the other checks involved. We note from the record the checks were all passed within one month prior to the issuance of the check on which plaintiff in error was convicted. On our view there is nothing remote about such a check writing spree. The argument is without merit.

The judgment is affirmed.

PRINGLE, C.J., and GROVES and LEE, JJ., concur.

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5 cases
  • People v. Mason, 81SA48
    • United States
    • Colorado Supreme Court
    • 5 Abril 1982
    ...scheme and, hence, not the result of a mistake. See, e.g., People v. Christian, Colo., 632 P.2d 1031 (1981); Van Pelt v. People, 173 Colo. 201, 476 P.2d 999 (1970). In this case three of the five similar transaction checks were written within the time frame encompassed by count one of the i......
  • People v. Rivera
    • United States
    • Colorado Supreme Court
    • 6 Agosto 1974
    ...included when the evidence of the two crimes, as shown at trial, establishes the elements of the lesser offense. Van Pelt v. People, 173 Colo. 201, 476 P.2d 999 (1970); Miera v. People, 164 Colo. 254, 434 P.2d 122 (1967); Cf. Howard v. People, 173 Colo. 209, 477 P.2d 378 (1970). From these ......
  • State v. Coburn, 58736
    • United States
    • Iowa Supreme Court
    • 30 Julio 1976
    ...to establish intent, motive or guilty knowledge. See People v. Brown, 72 Cal.App.2d 717, 165 P.2d 707, 708 (1946); Van Pelt v. People, 173 Colo. 201, 476 P.2d 999, 1000 (1970); State v. Roderick, 85 Idaho 80, 375 P.2d 1005, 1008 (1962); State v. Cruse, 231 Or. 326, 372 P.2d 974, 978 (1962);......
  • Schott v. People, 23423
    • United States
    • Colorado Supreme Court
    • 8 Marzo 1971
    ...offense in that of robbery. The court denied the tendered instruction and properly so under the decisions of this Court in Van Pelt v. People, Colo., 476 P.2d 999, Howard v. People, Colo., 477 P.2d 378, and Daniels v. People, 159 Colo. 190, 411 P.2d 316, which affirmed the test adopted by P......
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1 books & journal articles
  • Lesser Included and Nonincluded Offenses and Jury Instructions
    • United States
    • Colorado Bar Association Colorado Lawyer No. 25-6, June 1996
    • Invalid date
    ...P.2d 12 (Colo. 1972); Sandoval v. People, 490 P.2d 1298 (Colo. 1971); Schott v. People, 482 P.2d 101 (Colo. 1971). 2. Van Pelt v. People, 476 P.2d 999 (Colo. 1970); Miera v. People, 434 P.2d 122 (Colo. 1967). 3. Supra, note 1. 4. Id. at 433-34. 5. Id. at 434. 6. Crim.P. 31(c), "Conviction o......

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