People v. Becker

Supreme Court of Colorado

People v. Becker

509 P.2d 799, 181 Colo. 384, 1973 Colo. LEXIS 828

CourtSupreme Court of Colorado

DecidedMay 7, 1973

Docket25326

StatusPublished

Cited by2 cases

This text of 509 P.2d 799 (People v. Becker) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Becker, 509 P.2d 799, 181 Colo. 384, 1973 Colo. LEXIS 828 (Colo. 1973).

Pincite

Opinion

Opinion by

MR. JUSTICE KELLEY.

The defendant, Michael E. Becker, was convicted on two counts of forgery in violation of C.R.S. 1963, 40-6-1. He asserts error in the trial court’s denial of his motion for judgment of acquittal at the close of the People’s evidence. Crim. P. 29(a). From the judgment entered on the guilty verdicts, defendant appeals. The defendant was sentenced to identical concurrent sentences on each count. We find no error and affirm.'

The defendant, following denial of his motion for judgment of acquittal, elected to present evidence in his own defense. At the conclusion of all the evidence, the defendant did not renew his motion for judgment of acquittal.

The only error alleged is that the court should have granted his motion for judgment of acquittal on the ground of the insufficiency of the evidence.

The defendant concedes that unless we overrule Silcott v. People, 176 Colo. 442, 492 P.2d 70 (1971); Tucker v. People, 136 Colo. 581, 319 P.2d 983 (1957); and Lewis v. People, 114 Colo. 411, 166 P.2d 150 (1946), that there is no error.- Whatever deficiencies there were in the proof at the close of the people’s evidence were supplied by the defendant through the testimony of the witnesses which took the stand in his behalf. Silcott v. People, supra, and its two predecessors hold that the defendant is not entitled to a review of an adverse ruling on his motion for judgment of acquittal at the *386 close of the People’s case unless he stands on such motion and the correctness of the ruling on the motion is determined from the state of the evidence at the close of all the evidence. Crim. P. 29(a).

The so-called “waiver doctrine” has been consistently followed for a quarter of a century in this jurisdiction and we adhere to that position.

The judgment is affirmed.

MR. JUSTICE HODGES, MR. JUSTICE GROVES, and MR. JUSTICE ERICKSON concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

MR. JUSTICE KELLEY.

The defendant, Michael E. Becker, was convicted on two counts of forgery in violation of C.R.S. 1963, 40-6-1. He asserts error in the trial court’s denial of his motion for judgment of acquittal at the close of the People’s evidence. Crim. P. 29(a). From the judgment entered on the guilty verdicts, defendant appeals. The defendant was sentenced to identical concurrent sentences on each count. We find no error and affirm.'

The defendant, following denial of his motion for judgment of acquittal, elected to present evidence in his own defense. At the conclusion of all the evidence, the defendant did not renew his motion for judgment of acquittal.

The only error alleged is that the court should have granted his motion for judgment of acquittal on the ground of the insufficiency of the evidence.

The defendant concedes that unless we overrule Silcott v. People, 176 Colo. 442, 492 P.2d 70 (1971); Tucker v. People, 136 Colo. 581, 319 P.2d 983 (1957); and Lewis v. People, 114 Colo. 411, 166 P.2d 150 (1946), that there is no error.- Whatever deficiencies there were in the proof at the close of the people’s evidence were supplied by the defendant through the testimony of the witnesses which took the stand in his behalf. Silcott v. People, supra, and its two predecessors hold that the defendant is not entitled to a review of an adverse ruling on his motion for judgment of acquittal at the *386 close of the People’s case unless he stands on such motion and the correctness of the ruling on the motion is determined from the state of the evidence at the close of all the evidence. Crim. P. 29(a).

The so-called “waiver doctrine” has been consistently followed for a quarter of a century in this jurisdiction and we adhere to that position.

The judgment is affirmed.

MR. JUSTICE HODGES, MR. JUSTICE GROVES, and MR. JUSTICE ERICKSON concur.

Cite This Page — Counsel Stack

Bluebook (online)

509 P.2d 799, 181 Colo. 384, 1973 Colo. LEXIS 828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-becker-colo-1973.

Opinion

Related

Cite This Page — Counsel Stack