[Download] "Baney v. People" by Colorado Supreme Court ~ Book PDF Kindle ePub Free

eBook details

Title: Baney v. People
Author : Colorado Supreme Court
Release Date : January 25, 1954
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

Description

The principal error urged for reversal is the admission in evidence, over the strenuous objection of defendants counsel, of the recitals of Dorothy H. Gall made to deputy sheriff Wakefield and Dr. Patton some ten or fourteen hours after she returned to her home following the alleged attack. It is contended that these declarations were hearsay and hence not admissible. It is frankly, and we say commendably, admitted by the Attorney General "* * * no other witnesses other than Deputy Sheriff Wakefield and Dr. Patton touched on matters relating to venue. Certainly, if the statements of deceased were admissible, the jury was justified in finding the crime was perpetrated in Arapahoe County. If this Court should decide the statements of deceased were not admissible, we find no evidence to support proof of venue." The Attorney General in his brief says: "It is conceded that proof of venue is essential and that the burden of establishing it is upon the prosecution." Dustin v. People, 116 Colo. 433, 181 P.2d 457.