Moreno v. People

3 Citing cases

  1. Smith v. State

    282 Ala. 268 (Ala. 1968)   Cited 99 times

    Most courts which have been confronted with the problem of the admissibility in evidence of articles which, because of their similarity to the articles involved in the crime tend to connect the defendant with the commission of the crime for which he is on trial, hold that the lack of positive identification affects the weight of the evidence rather than its admissibility. See State v. Hill, 193 Kan. 512, 394 P.2d 106; Gouard v. Oklahoma (Cr.Ct. of App. of Okl.), 335 P.2d 920; State v. Westphal, 62 Wn.2d 301, 382 P.2d 269, cert. denied, Westphal v. Rhay, 375 U.S. 947, 84 S.Ct. 358, 11 L.Ed.2d 277; Alejandro v. Texas (Tex.Cr.App.), 394 S.W.2d 523; State v. Graham, 237 S.C. 278, 117 S.E.2d 147; Moreno v. Colorado, 156 Colo. 503, 400 P.2d 899; Commonwealth v. Parrotta, 316 Mass. 307, 55 N.E.2d 456. In People v. Cullen, 37 Cal.2d 614, 234 P.2d 1, a murder case, the Supreme Court of California said:

  2. People v. Kadell

    411 P.3d 281 (Colo. App. 2017)   Cited 7 times

    See, e.g. , Phillips v. People , 170 Colo. 520, 532-33, 462 P.2d 594, 600 (1969), overruled on other grounds by People v. Helm , 633 P.2d 1071 (Colo. 1981) ; Falgout v. People , 170 Colo. 32, 45, 459 P.2d 572, 579 (1969) ; Morehead v. People , 167 Colo. 287, 291, 447 P.2d 215, 217 (1968) ; Moore v. People , 164 Colo. 222, 230-32, 434 P.2d 132, 136-37 (1967) ; Marshall v. People , 160 Colo. 323, 326-27, 417 P.2d 491, 493 (1966) ; Moreno v. People , 156 Colo. 503, 506, 400 P.2d 899, 900 (1965) ; Peterson v. People , 153 Colo. 23, 27-28, 384 P.2d 460, 462 (1963).ΒΆ 64 In any event, I think it was inadvisable for the McCoy majority to rely on a perceived inference (and, in my view, an incorrect one at that) from an almost fifty-year-old decision.

  3. People v. West

    43 Colo. App. 246 (Colo. App. 1979)   Cited 5 times

    [2] Even assuming that a Stull instruction was required, but see People v. Gladney, 194 Colo. 68, 570 P.2d 231 (1977), and People v. American Health Care, Inc., 42 Colo. App. 209, 591 P.2d 1343 (1979), the failure to give such an instruction is not plain error. People v. Mullins, 188 Colo. 23, 532 P.2d 733 (1975); Moreno v. People, 156 Colo. 503, 400 P.2d 899 (1965). Hence, we are precluded from considering the issue as a basis for reversal. Crim. P. 33; People v. Billington, 191 Colo. 323, 552 P.2d 500 (1976); see also Peterson v. People, supra.