[Download] "People V. Lucero" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: People V. Lucero
- Author : Colorado Supreme Court
- Release Date : January 21, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
The defendant, Emilio J. Lucero, was convicted of attempted robbery of the elderly and conspiracy to commit robbery of the elderly. He appealed, contending that the trial court had erred in receiving the testimony of Rosemary Trujillo, who claimed to be the defendant's common law wife. The defendant based his objection to the admission of such evidence upon section 13-90-107(1)(a), 6 C.R.S. (1973), which creates a privilege with respect to testimony by one spouse for or against the other. The Colorado Court of Appeals held that, contrary to the trial court's ruling, the evidence established a common law marriage and that admission of Trujillo's testimony violated section 13-90-107(1)(a) and was reversible error. We conclude that the trial court's ruling lacks sufficient detail to enable us to determine whether that court applied the correct standards in determining the existence of a common law marriage, and that the court of appeals erred in determining this issue as a matter of law on appeal. We reverse the judgment of the court of appeals and return the case to that court with directions to remand it to the district court for further proceedings as detailed in this opinion.
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