[DOWNLOAD] "People V. Madson" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: People V. Madson
- Author : Colorado Supreme Court
- Release Date : January 16, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The defendant, Alfred Madson, appeals from his conviction of murder in the first degree after deliberation. Section 18-3-102(1)(a), C.R.S. 1973 (1978 Repl. Vol. 8). He challenges the conviction on several grounds including the sufficiency of evidence to support the jury verdict, the admission into evidence of several statements made by the victim to others under the state of mind exception to the hearsay rule, the claimed unconstitutionality of Crim. P. 41.1 which authorizes a judicial order for nontestimonial identification evidence on less than probable cause, and the constitutional propriety of admitting statements and other evidence which the police obtained from him during the initial phase of the investigation. Although we conclude the charge of murder in the first degree was properly submitted to the jury, we reverse the defendant's conviction because of the admission of prejudicial hearsay evidence during the trial and we remand for a new trial. Since a new trial is required, we elect to address the suppression claims of the defendant in order to provide necessary direction to the trial court upon remand.