(DOWNLOAD) "People V. Shaw" by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: People V. Shaw
- Author : Colorado Supreme Court
- Release Date : January 01, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The defendant, Robert William Shaw, who was convicted of second degree murder, section 18-3-103, C.R.S. 1973 (1978 Repl. Vol. 8), asserts in this appeal several grounds for reversal, including the court's refusal to submit the lesser offenses of reckless manslaughter and criminally negligent homicide to the jury. We conclude that there was evidence to support the submission of these offenses to the jury and the court's failure to do so constitutes reversible error requiring a new trial. Although this disposition renders it unnecessary to consider other issues raised by the defendant, we nevertheless elect to address a matter most likely to arise upon retrial -- that is, whether the routine destruction of original notes relating to a prosecution witness's statement to a police detective violated due process of law so as to require the court to strike the trial testimony of the witness and of the detective relating to the prior statement.