People v. Benns

Supreme Court of Colorado

People v. Benns

557 P.2d 1204, 192 Colo. 275, 1976 Colo. LEXIS 737

CourtSupreme Court of Colorado

DecidedDecember 20, 1976

DocketNo. 27161

StatusPublished

This text of 557 P.2d 1204 (People v. Benns) 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. Benns, 557 P.2d 1204, 192 Colo. 275, 1976 Colo. LEXIS 737 (Colo. 1976).

Pincite

Opinion

Per Curiam

Defendant-Appellee David Lee Benns was charged in the district court of Pueblo County with eight separate offenses, including kidnapping, rape, and deviate sexual intercourse. After trial to a jury, he was acquitted of all charges.

The district attorney brings this appeal under section 16-12-102, C.R.S. 1973, to review evidentiary rulings of the trial court.

Any decision by this court will not affect the outcome of the litigation nor the relation of the particular parties. The defendant could not be re-tried, having once been in jeopardy. Markiewicz v. Black, 138 Colo. 128, 330 P.2d 539. We have reviewed the record of the proceedings in the trial court and do not view the questions of law involved here to have precedential value. People v. May, 182 Colo. 29, 511 P.2d 22; People v. Woods, 182 Colo. 3, 510 P.2d 435; People v. Kirkland, 174 Colo. 362, 483 P.2d 1349.

We therefore affirm the judgment.

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Per Curiam

Defendant-Appellee David Lee Benns was charged in the district court of Pueblo County with eight separate offenses, including kidnapping, rape, and deviate sexual intercourse. After trial to a jury, he was acquitted of all charges.

The district attorney brings this appeal under section 16-12-102, C.R.S. 1973, to review evidentiary rulings of the trial court.

Any decision by this court will not affect the outcome of the litigation nor the relation of the particular parties. The defendant could not be re-tried, having once been in jeopardy. Markiewicz v. Black, 138 Colo. 128, 330 P.2d 539. We have reviewed the record of the proceedings in the trial court and do not view the questions of law involved here to have precedential value. People v. May, 182 Colo. 29, 511 P.2d 22; People v. Woods, 182 Colo. 3, 510 P.2d 435; People v. Kirkland, 174 Colo. 362, 483 P.2d 1349.

We therefore affirm the judgment.

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Bluebook (online)

557 P.2d 1204, 192 Colo. 275, 1976 Colo. LEXIS 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-benns-colo-1976.

Opinion

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