PEOPLE v. COCHRAN

No. 25077.

490 P.2d 684 (1971)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Timothy Patrick COCHRAN, also known as Timothy P. Cochran, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 15, 1971.


Attorney(s) appearing for the Case

Carl Parlapiano, Dist. Atty., Gordon R. Cooper, Asst. Dist. Atty., Pueblo, for plaintiff-appellant.

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Denver, Darol C. Biddle, Deputy State Public Defender, Pueblo, for defendant-appellee.


KELLEY, Justice.

The defendant, Timothy P. Cochran, was convicted of the unlawful possession of a narcotic drug, namely, cannabis sativa L. (marijuana). Following the verdict, defense counsel learned that during its deliberations the jury burned a small portion of the state's evidence and some substances introduced by the defendant in order to compare their odors.

In defendant's motion for judgment of acquittal, new trial and in arrest of judgment, the burning...

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