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People v. Homan

Supreme Court of Colorado. En Banc
May 6, 1974
185 Colo. 56 (Colo. 1974)

Opinion

No. 25783

Decided May 6, 1974.

Defendant was convicted of simple robbery and appealed.

Affirmed

1. WITNESSESCross-Examination — Discretion — Scope and Limit — Review. A trial judge has discretion to determine the scope and limit of cross-examination; and in the absence of an abuse of discretion, the trial judge's ruling will not be disturbed on review.

2. Cross-Examination — Beyond Scope — Discretion — Simple Robbery. In prosecution for simple robbery, trial judge did not abuse his discretion in permitting cross-examination to extend beyond scope of direct examination over objection of defendant.

Appeal from the District Court of Mesa County, Honorable James J. Carter, Judge.

John P. Moore, Attorney General, John E. Bush, Deputy, David A. Sorenson, Assistant, for plaintiff-appellee.

Rollie R. Rogers, State Public Defender, James F. Dumas, Jr., Chief Deputy, T. Michael Dutton, Deputy, for defendant-appellant.


[1,2] Rickey Lee Homan was charged and convicted of simple robbery. C.R.S. 1963, 40-5-1. On appeal, he contends that the trial judge committed reversible error in overruling his objection and permitting cross-examination to extend beyond the scope of direct examination.

A trial judge has discretion to determine the scope and the limit of cross-examination. In the absence of an abuse of discretion, the trial judge's ruling will not be disturbed on review. Archina v. People, 135 Colo. 8, 307 P.2d 1083 (1957). Accord, People v. King, 179 Colo. 94, 498 P.2d 1142 (1972). See also Proposed Federal Rules of Evidence for the United States District Courts and Magistrates, Rule 6-11; 3A, J. Wigmore, Evidence § 944 (Chadbourn rev. 1970); C. McCormick, Evidence § 24 (2d ed. 1972).

Accordingly, we affirm.

MR. CHIEF JUSTICE PRINGLE does not participate.


Summaries of

People v. Homan

Supreme Court of Colorado. En Banc
May 6, 1974
185 Colo. 56 (Colo. 1974)
Case details for

People v. Homan

Case Details

Full title:The People of the State of Colorado v. Rickey Lee Homan

Court:Supreme Court of Colorado. En Banc

Date published: May 6, 1974

Citations

185 Colo. 56 (Colo. 1974)
521 P.2d 1262

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