Allarid v. People

10 Citing cases

  1. People v. Gutierrez

    622 P.2d 547 (Colo. 1981)   Cited 104 times
    Holding that an earlier version of the habitual offender act had a rational basis because the “statutory scheme reflects progressively increasing penalties for a person who evidences an unwillingness or inability to reform and poses an attendant risk to society”

    We cannot conclude that the trial court abused its discretion in denying the motion for mistrial. See Allarid v. People, 162 Colo. 537, 427 P.2d 696 (1967). We have considered the defendant's other ground for mistrial and find it to be without merit.

  2. People v. Williams

    192 Colo. 249 (Colo. 1976)   Cited 31 times
    Following Rivas

    [7] It is well established that, incident to a custodial arrest, a defendant is subject to a full body search. United States v. Edwards, 415 U.S. 800, 94 S.Ct. 1234, 39 L.Ed.2d 771 (1974); United States v. Robinson, 414 U.S. 218, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973); Gustafson v. Florida, 414 U.S. 260, 94 S.Ct. 488, 38 L.Ed.2d 456 (1973); Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969); Allarid v. People, 162 Colo. 537, 427 P.2d 696 (1967). If probable cause supports the arrest, no additional justification is required to search the defendant's person. United States v. Robinson, supra, 414 U.S. at 235, 94 S.Ct. at 477, 38 L.Ed.2d at 441.

  3. People v. Jacobs

    179 Colo. 182 (Colo. 1972)   Cited 14 times

    Moreover, to mitigate the possibility of prejudice resulting from opening statements not fully supported by evidence at trial, the trial judge submitted Instruction No. 27 to the jury, stating in part, "In determining the facts, you should consider only the evidence given upon trial . . . . The opening statements and arguments of the lawyers are not evidence." Absent a contrary showing, it is presumed that the jury understood the instructions and heeded them. Allarid v. People, 162 Colo. 537, 427 P.2d 696; Rhodus v. People, 160 Colo. 407, 418 P.2d 42; O'Loughlin v. People, 90 Colo. 368, 10 P.2d 543. The judgment of the trial court is affirmed.

  4. People v. Motley

    179 Colo. 77 (Colo. 1972)   Cited 20 times

    * * *" In the absence of a showing to the contrary, it is presumed that the jury understood the instructions and heeded them. Allarid v. People, 162 Colo. 537, 427 P.2d 696; Rhodus v. People, 160 Colo. 407, 418 P.2d 42; Gonzales v. People, 156 Colo. 252, 398 P.2d 236. [5] Finally, an examination of the entire record reveals that the remark of the district attorney here in question was inconsequential when viewed against the host of evidence, upon which the jury could have based its determination of the appellant's guilt.

  5. Marquez v. People

    450 P.2d 349 (Colo. 1969)   Cited 6 times

    That they suggest defendant might have been a user of marijuana — a lesser offense than that with which he was charged — does not render such items inadmissible. Allarid v. People, 162 Colo. 537, 427 P.2d 696. Defendant cites Harris v. United States, 331 U.S. 145, 67 S.Ct. 1098, 91 L.Ed. 1399, as prohibiting admissibility on the basis that, not being the fruits of the crime, they are not the subject of a valid seizure.

  6. Spencer v. People

    429 P.2d 266 (Colo. 1967)   Cited 14 times
    In Spencer v. People, 429 P.2d 266, 163 Colo. 182 (Colo. 1967), it was held that the owner of a house may consent to a search of a bedroom to which her access is unlimited though defendant had been occupying it as a guest.

    Evidence properly admissible for one purpose does not become inadmissible because it would be inadmissible if offered only for another purpose. Cf. Allarid v. People, 162 Colo. 537, 427 P.2d 696. In any case, in his own testimony, the defendant testified as to his previous felony convictions and as to his resent release from Fort Leavenworth Penitentiary. No prejudice could have resulted from the admission of the officer's testimony, Mitsunaga v. People, 54 Colo. 102, 129 P. 241.

  7. People v. Walters

    821 P.2d 887 (Colo. App. 1991)   Cited 8 times
    Holding there is no constitutional requirement that crime victims testify

    Thus, this testimony was admissible to show the circumstances surrounding the arrest. See Allarid v. People, 162 Colo. 537, 427 P.2d 696 (1967). Defendant's remaining contentions are without merit.

  8. People v. Willis

    708 P.2d 125 (Colo. App. 1985)

    The prosecutor's first comment was objected to by the defendant, sustained by the trial court, and the jury was instructed to disregard it. This remedy was well within the trial court's discretion, and vitiated any need for a mistrial. See Allarid v. People, 162 Colo. 537, 427 P.2d 696 (1967). Likewise, we find nothing objectionable in the prosecutor's accurate comment that the defendant, as well as the prosecution, had subpoena powers.

  9. People v. Nave

    689 P.2d 645 (Colo. App. 1984)   Cited 10 times
    Concluding that the existence of a due process violation is a question of law

    In the absence of a showing to the contrary, it is presumed that the jurors understood this instruction and heeded it. People v. Motley, supra; Allarid v. People, 162 Colo. 537, 427 P.2d 696 (1967). Judgment affirmed.

  10. People v. Massey

    649 P.2d 1112 (Colo. App. 1980)   Cited 1 times

    Finally, in his challenge to the admission of testimony that he was arrested, Massey has failed to demonstrate prejudice, see Crim. P. 52(a), since the testimony was limited to the fact that he was arrested and the location of the arrest. Cf. Allarid v. People, 162 Colo. 537, 427 P.2d 696 (1967). Judgment affirmed.